1. Title. This chapter shall be known and may be referred to as the “zoning ordinance” or the “zoning chapter”. When referred to herein it shall be known as “this chapter”.
2. Purpose. This chapter is enacted to promote the public health, safety, and general welfare of the city through the following:
   1. Encouraging the planned and orderly development of residential, business, industrial, recreational, and public land;
   2. Providing adequate light, air, and convenience of access to property;
   3. Limiting congestion in the public right-of-way;
   4. Preventing overcrowding of land and undue concentration of population and structures;
   5. Providing for the compatible integration of land uses and the most appropriate use of land;
   6. Encouraging development in accordance with the city’s comprehensive plan;
   7. Conserving the natural beauty and environmental assets of the city;
   8. Protecting water resources and water quality;
   9. Facilitating the provision of water, utilities, and sewage disposal to property as appropriate;
   10. Protecting the population from fire and other hazards to public safety; and
   11. Providing for the administration of this chapter and amendments to it, defining the powers and duties imposed by this chapter, and prescribing penalties for violation of its provisions.
3. Scope. From and after the effective date of this chapter, the use of all land and all structures erected, altered, enlarged, or relocated, and every use accessory thereto, shall be in conformance with the provisions of this chapter. Any existing use, structure, lot, or development which was legally established, but is not in conformance with the provisions of this chapter, shall be regarded as nonconforming and may continue in existence only for such period of time and under such conditions as is provided for in § 151.017.
4. Application of rules.
   1. In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety, general welfare, and sound planning.
   2. Where any provision of this chapter is either more restrictive or less restrictive than a comparable provision imposed by any other code, ordinance, statute, or regulation of any kind, the more restrictive provision, or the provision which imposes a higher standard or requirement, shall prevail.
   3. No land shall be used, and no structure shall be erected, converted, enlarged, reconstructed, altered, removed, or used, for any purpose or in any manner which is not in conformity with the provisions of this chapter.
   4. Structures within the public right-of-way are not covered by the provisions of this chapter except as specifically provided in this chapter.
   5. Words or terms defined in this chapter shall have the meanings assigned to them unless such meaning is clearly contrary to the intent of this chapter. The present tense shall include the past and future tenses.
5. Common procedures. The general provisions of this section shall apply to all applications for development approval and permit requests under this chapter, unless otherwise stated.
   1. Authority to file applications.
      1. General. Applications submitted under this chapter shall be submitted by the landowner; a person, business, or organization having rights in contract in the land; their authorized agent; the city council; the planning commission; or the administrator.
      2. Applicant not the owner. If the applicant is not the owner of the land, the owner's name and contact information must be included in the application.
   2. Neighborhood meetings.
      1. General. The purpose of the neighborhood meeting is to provide an opportunity for informal communication between applicants, occupants, and owners of nearby properties that may be affected by development proposals; to educate the occupants and owners about the proposed development and application; to receive comments and address concerns about the development proposal; and to resolve conflicts and outstanding issues, where possible.
      2. Neighborhood meeting required. A neighborhood meeting is required for all applications requiring a public hearing prior to submission of an application. Upon receiving an application requiring a public hearing, the administrator shall require an applicant to conduct a neighborhood meeting prior to a public hearing being scheduled. The Zoning Administrator or Planner (administrator) may waive this requirement in cases where there is no adjacent neighborhood that would be impacted by the application.
      3. Applications requiring neighborhood meetings. Unless a waiver is granted by the administrator, a neighborhood meeting shall be required to be conducted prior to consideration of the following applications:
         1. Map amendment (rezoning);
         2. Preliminary Plat;
         3. Conditional Use Permit (CUP);
         4. Comp Plan Amendments;
         5. PUD;
         6. Zoning Text Amendments;
         7. Variances.
      4. Procedure. If a neighborhood meeting is convened, it should generally comply with the following procedures:
         1. Day, time and place. The neighborhood meeting should be held during the hours of 6:00 p.m. to 9:00 p.m., Monday through Friday, at a place that is generally accessible to occupants of property in close proximity to the land subject to the application. Meetings may be held at a time and day different from above at the neighborhood's request. Meetings shall be held at least eight calendar days prior to the scheduled public hearing. Failure to do so may result in delay or denial of the application.
         2. Notification. The applicant shall provide notification of the neighborhood meeting a minimum of seven business days in advance of the meeting by first class mail to: all owners and occupants within 500 feet of the land subject to the application; any neighborhood organization that represents citizens within that area; the planning staff; and the review board. The notification shall state the time and place of the meeting.
         3. Conduct of meetings. At the neighborhood meeting, the applicant shall explain the development proposal and application; answer questions; and, address the ways in which to resolve the attendees' concerns. Within two days of the meeting, the applicant shall provide the city a list of those in attendance with a summary of the attendee's concerns.
   3. Public notification for Public Hearings to be held by the Planning Commission and Board of Adjustment and Appeals.
      1. Content of mailed and published notice. All mailed and published notices for public hearings shall:
         1. Identify the case log number and the name of the applicant or the applicant's agent.
         2. Indicate the date, time and place of the public hearing, or indicate the earliest date an administrative decision will be made.
         3. Describe the site involved by street address, property identification number (or both) and nearest intersection.
         4. Identify the current zoning district designation of the site subject to the application.
         5. Describe the nature, scope and purpose of the application or proposal.
         6. Indicate the date and hours of availability and describe in which department the application, staff report, and related materials may be inspected by the public.
         7. Include a statement describing where interested members of the public and adjoining property owners may submit written comments or evidence prior to the public hearing, or an administrative decision.
         8. Include a statement that interested members of the public and adjoining property owners may appear at the public hearing, be heard, and submit evidence and written comments with respect to the application.
      2. Mailed notice. When the provisions of this chapter require that written or mailed notice be provided, the administrator shall be responsible for preparing and mailing the written notice. Notice shall be mailed to:
         1. All property owners of the land subject to the application;
         2. Surrounding property owners whose address is known by reference to the latest ad valorem tax records: For applications subject to a public hearing, all property owners within 500 feet of the land subject to the application;
         3. Notice shall be deemed mailed by its deposit in the United States mail, first class, properly addressed, postage paid. The administrator shall certify that notice meeting the content requirements was mailed. A copy of the mailed notice shall be maintained in the office of the administrator for public inspection during normal business hours.
      3. Published notice.
         1. When the provisions of this chapter require that notice be published, the administrator shall be responsible for preparing the content of the notice and publishing the notice in a newspaper of general circulation in the city. The content and form of the published notice shall be consistent with the requirements of the Minnesota Code of Laws.
         2. The administrator shall prepare a certificate affirming that published notice has occurred pursuant to the requirements of this subsection and include a copy of the published notice for the records.
      4. Posted notice.
         1. When the provisions of this chapter require that notice be posted on the site subject of the application (§ 151.001(E)(2)(c)), notice shall comply with the following requirements:
            1. Notice shall be posted on signs in a form established by the administrator.
            2. The signs shall be placed by the applicant on the property that is subject to the application 15 days prior to the public hearing along each public street that abuts or transects the property, at intervals of not more than 500 feet.
            3. The signs shall be posted in a manner that ensures visibility from public streets.
         2. The applicant shall sign and provide to the administrator a notarized affidavit in a format provided by the city stating that posted notice has been provided in accordance with the requirements of this subsection. The affidavit shall be submitted to the administrator prior to the public hearing for the subject application.
         3. The applicant shall ensure that the posted notice is maintained on the property until the completion of the public hearing on the application.
         4. The signs shall be removed by the applicant within five days after the public hearing on the application.

(2013 Code, § 11.01)  (Ord. 1, passed 4-1-1978; Ord. 377, passed 7-7-1994; Ord. 951, passed 11-15-2016)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ACCESSORY USE. See USE, ACCESSORY.

ADMINISTRATIVE, EXECUTIVE AND PROFESSIONAL OFFICES. A facility or establishment providing executive, management, administrative or professional services. This term does not include medical or dental services or the sale of merchandise, except as incidental to the principal use

ADULT. A person 18 years of age or older.

ADULT DAY CARE. A program of services provided to functionally impaired adults for a period of less than 24 hours during the day. ADULT DAY CARE is intended to maintain functionally impaired adults in the community and to prevent or delay institutionalization.

ADULT DAY CARE CENTER. A facility that provides adult day care to functionally impaired adults on a regular basis for periods of less than 24 hours a day in a setting other than a participant’s home or the residence of the facility operator.

ADULT (ENTERTINMENT) ESTABLISHMENTS. An establishment where sexually-oriented materials provided for use, consumption, enjoyment or entertainment, or which is distinguished or characterized by an emphasis on the description or display of specified sexual activities, or which is distinguished or characterized by an emphasis on the description or display of specified anatomical areas. For full definition and restrictions for Adult Establishments see City Code Chapter 130.67.

AGRICULTURAL USE (CROPS).

1. The use of land for the growing or production of field crops, vegetables, and nursery plants, including, but not limited to, the following:
   1. Field crops such as barley, soy beans, corn, hay, oats, potatoes, rye, sorghum, sunflowers.
   2. Semi-permanent crops such as trees or grapes with a longer growing cycle.
   3. Up to 50% of the lot area in RR may be used for growing.
2. This term does not include the use of land as a commercial feed lot or for processing any agricultural product.
   

AGRICULTURAL USE (LIVESTOCK)

1. The use of land for the raising of livestock for commercial purposes including dairy and beef cattle, goats, sheep, swine, donkeys, llamas, alpacas, and turkeys and production of livestock products limited to milk, butter, cheese, eggs, soap, and hair.
   
2. This term does not include the use of land as a slaughterhouse or for meat processing, commercial feedlot, or for processing any agricultural product.
   

AGRICULTURAL USE (POULTRY AND BEES)

1. The use of land for the raising of poultry and bees per City Code Section 130.04 I, and limited production of products such as eggs and honey.
   
2. Up to 50% of the lot area in the RR zoning district may be used for the raising and keeping of poultry and bees.
   
3. This term does not include the use of land as a commercial feedlot, slaughterhouse, meat processing or for processing any agricultural product including meat.
   

AGRICULTURE RESEARCH FACILITY. Facilities specifically operated for the purpose of conducting research in the production of agricultural crops, including research developing plant varieties. This term specifically excludes research regarding the development or research of soil conditioners, fertilizers, or other chemical additives placed in or on the soil or for the experimental raising of animals.

AIRPORT or HELIPORT. Any land or structure which is principally used or intended for use for the landing and takeoffs of aircraft, and any land or structure accessory thereto.

ALLEY. A public right-of-way which affords a secondary means of access to abutting property.

ANIMAL HOSPITAL/VETERINARIAN CLINIC. An establishment providing medical and surgical treatment of domestic animals, including grooming and boarding for not more than 30 days if incidental to the medical care. this term shall include an animal crematorium as an accessory use

AREA IDENTIFICATION SIGN. See SIGN, AREA IDENTIFICATION.

ASSISTED LIVING HOUSING FACILITY. A housing facility for persons who need assistance with their daily living needs, including special support services such as meal preparation, housekeeping, medical care, transportation, or cognitive needs assistance, including memory care assistance.

ATTACHED DWELLING. A building composed of more than 1 dwelling unit which share common wall(s). The individual dwelling units are designed for and occupied exclusively by 1 family.

BANKS OR FINANCIAL INSTITUTIONS. An establishment with the primary purpose of deposit banking, including, but not limited to, commercial banks, bank and trust companies, savings institutions and credit unions.

BASEMENT. A portion of a building located wholly or partially below grade. For purposes of §§ 151.085 through 151.094 (Floodplain Overlay Zone), BASEMENT includes any area of a structure, including crawl spaces, having its floor or base below ground level on all 4 sides, regardless of the depth of excavation below ground level.

BED AND BREAKFAST INN. A building in which lodging and meals are provided for compensation and which is open to the traveling public for a stay not to exceed 30 days.

BILLBOARD. See SIGN, ADVERTISING.

BLUFF. A topographic feature such as a hill, cliff, or embankment with an average slope of more than 18% over a distance of 50 feet.

BLUFF IMPACT ZONE. A bluff and land located within 20 feet from the top of a bluff.

BREWERY (SMALL). A facility that produces for sale beer, ale, or other beverages made from malt by fermentation and containing not less than 1/2 of 1% alcohol by volume. A Small Brewery is one which produces 20,00 barrels or less annually.

BREWPUB. A small brewery that operates a restaurant on the same premises as the brewery, whose malt liquor production per calendar year may be limited by Minnesota state statute.

BUILDING. Any structure having a roof which may provide shelter or enclosure for persons, animals, or things.

BUSINESS COMPLEX. A building or group of connected buildings containing 2 or more businesses.

CANNABIS CULTIVATOR. A business with a cannabis cultivator license, or cultivation endorsement from the State of Minnesota Office of Cannabis Management.

CANNABIS DELIVERY SERVICE. A business with a cannabis delivery service license or delivery service endorsement from the State of Minnesota Office of Cannabis Management.

CANNABIS MANUFACTURER. A business with a cannabis manufacturer license, or manufacturing endorsement from the State of Minnesota Office of Cannabis Management.

CANNABIS MICROBUSINESS. A business with a cannabis microbusiness license from the State of Minnesota Office of Cannabis Management.

CANNABIS MEZZOBUSINESS. A business with a cannabis mezzobusiness license from the State of Minnesota Office of Cannabis Management.

CANNABIS RETAILER. A business with a cannabis retailer license, lower-potency hemp edible retailer license, or retail endorsement from the State of Minnesota Office of Cannabis Management.

CANNABIS TESTING FACILITY. A business with a cannabis testing facility license or testing endorsement from the State of Minnesota Office of Cannabis Management.

CANNABIS TRANSPORTER. A business with a cannabis transporter license or transportation endorsement from the State of Minnesota Office of Cannabis Management.

CANNABIS WHOLESALER. A business with a cannabis wholesaler license or wholesaling endorsement from the State of Minnesota Office of Cannabis Management.

CAR WASH. An establishment providing washing, waxing or cleaning of motor vehicles including access and queuing lanes. This term includes both a caCar Was as a primary use and as an accessory use.

CLASS I RESTAURANT. See RESTAURANT, CLASS I.

CLASS II RESTAURANT. See RESTAURANT, CLASS II.

CLINIC. Any establishment where human patients are examined or treated by licensed practitioners not involving overnight stays, For this purpose, LICENSED PRACTITIONERS includes physicians, dentists, osteopaths, chiropractors, optometrists, psychologists, therapists, and physical therapists.

CLUB. Any establishment operated for social, recreational, or educational purposes open only to members and not to the general public.

COLLEGES AND UNIVERSITIES. A private or public college, community college, technical school or other post-secondary educational facility primarily engaged in the education of students. This term may include, but is not limited to, teaching and educational facilities, classrooms, laboratories, offices or other associated uses. This term does not include dormitory facilities or other living arrangements.

COLUMBARIA. A place such as a vault for the usually public storage of cremated human remains within cinerary urns. Columbaria are accessory to places of worship, cemeteries or mausoleums.

COMMERCIAL FEEDLOTS. A facility which is used for the confined feeding of livestock or other animals for food, fur, pleasure or resale purposes. This includes yards, lots, pens, buildings or other areas or structures.

COMMERCIAL RECREATION.

1. MAJOR. A structure or open space designed, constructed, and operated by private enterprise for recreational purposes and open to the general public. The minimum area shall be 150 acres on either 1 lot or contiguous parcels under 1 ownership, in which 50% of the lot or parcels are permanently developed. The facility shall abut a street designated in the comprehensive plan as a principal arterial, minor arterial, or collector street. Such facilities may include amusement parks, Class A licensed horse racetracks, and similar enterprises.
2. MINOR. A structure or open space designed, constructed, and operated by private enterprise for recreational purposes and open to the general public. The facility must meet the minimum lot size of the zone. MINOR COMMERCIAL RECREATION FACILITIES shall be all commercial recreation facilities which do not meet the standards of a major commercial recreation facility. Such facilities may include bowling alleys, tennis courts, campgrounds, and similar uses.

COMMERCIAL VEHICLE. See VEHICLE, COMMERCIAL.

COMMUNICATION SERVICE DEVICE(S)/APPARATUS. Any structure or device used for the purpose of collecting or radiating electromagnetic waves, including, but not limited to, directional antennas, such as panels, microwave dishes, and satellite dishes, and omni-directional antennas, such as whips.

COMMUNICATION SERVICES. Licensed commercial wireless communication services including cellular, personal communication services (PCS), enhanced specialized mobilized radio (ESMR), paging, and similar services.

COMMUNITY GARDEN. A private or public facility for cultivation of fruits, flowers, vegetables, or ornamental plants by more than one person or family.

COMPREHENSIVE PLAN. The compilation of the goals, policy statements, standards, programs, and maps for guiding the physical, social, and economic development, both public and private, of the city and its environs, as most recently adopted by the City Council and approved by the Metropolitan Council. The term includes any unit or part of such plan and any amendment thereto.

CONDITIONAL USE. See USE, CONDITIONAL.

CORNER LOT. See LOT, CORNER.

CO-WORKING SPACE. A facilitated environment which may contain desks or other workspaces and facilities which are used by s recognized membership who share the site in order to work remotely and/or collaborate whit each other as part of a community. rules for membership and participation in the co-working space are explicit, transparent and are available to by the public. Fabrication tools are limited to those which do not generate noise or pollutants in excess of what is customary within a typical office environment.

CREMATORIUM. A facility in which human remains are destroyed through incineration, alkaline hydrolysis or another similar method.

DAY CARE FACILITY. A facility licensed by the state to provide care for a child outside of the child’s own home for gain or otherwise, on a regular basis, for any part of a 24-hour day. For this purpose, a CHILD is a person who is under 18 years of age.

DETACHED DWELLING. A dwelling unit having open space on all sides.

DIRECTIONAL SIGN. See SIGN, DIRECTIONAL.

DISTILLERY. A facility that produces ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin, or other distilled spirits, including all dilutions and mixtures thereof, for non- industrial use.

DISTILLERY (MICRO). A facility that produces ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin, or other distilled spirits, including all dilutions and mixtures thereof, for non-industrial use. A Micro Distillery produces 40,000 proof gallons or less annually.

DRIVE THROUGH FACILITY. A facility that accommodates vehicles from which occupant(s) of the vehicle may make purchases or other business transactions, including the stacking space in which vehicles wait. Examples may include, but are not limited to, restaurant drive throughs, bank drive throughs and pharmacy drive throughs. A Drive Through Facility may be an accessory or primary use.

DWELLING. A building or portion thereof designed for residential purposes and providing complete living facilities for 1 family.

DWELLING, DETACHED. A dwelling unit having open space on all sides.

DWELLING, MULTIPLE-FAMILY. A dwelling unit which shares 1 or more common walls, as well, as common ceiling and/or floor with adjoining dwelling unit(s), which is designed for and occupied exclusively by 1 family, and which does not have separate access to the outdoors.

DWELLING, SINGLE-FAMILY. A dwelling unit which has open space on all sides and is designed for and occupied exclusively by 1 family.

DWELLING, SINGLE-FAMILY ATTACHED. A dwelling unit sharing 1 or more common walls with an adjoining dwelling unit, which is designed for and occupied exclusively by 1 family, and which has separate access to the outdoors.

EASEMENT. A grant by a property owner of the use of land by the public or appurtenant to another property for a specific purpose or purposes.

EXHIBIT SPACE OR INTERPRETIVE CENTER. A facility which formally displays educational, cultural or historical artifacts or materials for viewing by and open tot he general public. This may include, but not limited to, museums, art galleries, aquariums and planetariums.

EXISTING. Any structure or use which was in place or for which a building permit had been issued, and any lot which had been preliminarily platted, as of the effective date of this chapter. In order to have an existing lot for a two-family dwelling, the lot must have 2 sanitary sewer stubs.

EXTERIOR STORAGE or OPEN STORAGE. The storage of goods, materials, equipment, manufactured products, or similar items, not fully enclosed by a building, on a 24-hour-a-day basis for at least 7 days per year.

FAMILY. Any number of individuals related by blood, marriage, or adoption, or up to 4 individuals not so related living together as a single housekeeping unit.

FARM WINERY. A winery operated by the owner of a state farm and producing table, sparkling, or fortified wines from grapes, grape juice, other fruit bases, or honey with a majority of the ingredients grown or produced in Minnesota. A FARM WINERY may include a tasting room.

FENCE. Any partition, structure, wall, or gate erected as a dividing marker, barrier, or enclosure and located along a property boundary, or within a lot.

FLOOD. A temporary increase in the flow or stage of a stream or in the stage of a wetland or lake which results in the inundation of normally dry areas.

FLOOD FREQUENCY. The frequency for which it is expected that a specific flood state or discharge may be equalled or exceeded.

FLOOD FRINGE. That portion of the floodplain outside of the floodway. FLOOD FRINGE is synonymous with the term FLOODWAY FRINGE used in the flood insurance study for the city.

FLOODPLAIN. The bed of a wetland or lake, or the channel of a watercourse, and areas adjoining the bed or channel, which have been or hereafter may be covered by the regional flood.

FLOOD-PROOFING. A combination of structural provisions, changes, or adjustments to properties and structures subject to flooding primarily for the reduction or elimination of flood damages.

FLOODWAY. The bed of a wetland or lake and the channel of the watercourse and those portions of the adjoining floodplain which are reasonably required to carry or store the regional flood discharge.

FLOOR AREA. The sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls. The term shall include basements, but not porches, balconies, breezeways, or attic areas having a head room of less than 7 feet 6 inches.

FLOOR AREA RATIO. The numerical value obtained through dividing the floor area of a building by the area of the lot or parcel of land on which such building is located.

FREE STANDING SIGN. See SIGN, FREE STANDING.

FRONTAGE. That boundary of a lot which abuts an existing or dedicated street.

FRONT LOT LINE. See LOT LINE, FRONT.

FRONT YARD. See YARD, FRONT.

FUEL STATION. A facility that sells fuel and engine lubricants for motor vehicles. Fuels sold may include but are not limited to gasoline, diesel, ethanol, biodiesel, compressed natural gas (CNG), electric energy which can charge vehicles and hydrogen.

FUNCTIONALLY IMPAIRED ADULT. An adult having a condition that includes:

1. Having substantial difficulty in carrying out 1 or more of the essential major activities of daily living, such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working;
2. Having a disorder of thought or mood that significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life; and
3. Requiring support to maintain independence in the community.

FUNERAL HOME. An establishment providing services involving the care, preparation and disposition of human remains. This includes the assembly for ceremonial purposes. This term may include mortuaries, columbaria and crematoriums as accessory uses.

GARAGE. An accessory building or portion of a principal building, which is used primarily for storing personal vehicles.

GOVERNMENT SIGN. See SIGN, GOVERNMENT.

GRAIN ELEVATOR. A facility utilized for the purposes of the bulk storage of grains and containing equipment for the intake, movement and distribution of grains.

GROUP FAMILY DAY CARE FACILITY. Any facility licensed by the state to provide day care for no more than 14 children at any 1 time, including all children of the care giver when the children are present at the facility. For this purpose, CHILDREN are persons who are under 18 years of age.

HEALTH AND ATHLETIC FACILITY. An establishment for the conduct of indoor and outdoor sports and exercise activities, including related locker and shower facilities, offices and classrooms.

HEIGHT. For a building, HEIGHT is the vertical distance between the ground and the top of the cornice of a flat roof, a point on the roof directly above the highest wall of a shed roof, or one-half the distance between the lowest eave in the highest roof section and the top of the highest gable on a pitched or hip roof. For any other structure, HEIGHT shall be the vertical distance between the ground and the highest point of the structure. For new construction, the ground level shall be the original or pre-construction average ground elevation adjoining the structure’s footprint; for existing construction, the ground level shall be the average ground elevation of the structure.

HOME OCCUPATION. Any gainful occupation or profession engaged in by the occupant of a dwelling at or from the dwelling when carried on within a dwelling unit or an accessory building.

HORSE CARE USE. A facility or establishment which regularly provides services or facilities for the boarding, training, showing, grooming, veterinary care or use of horses.

HOTEL. A building, other than a bed and breakfast inn, used as a temporary residence by the traveling public, in which ingress and egress to and from all rooms is made through an inside lobby.

HOUSING FOR PERSONS WITH DISABILITIES. Residential facilities in which on-site services, such as case management and peer support, are available to tenants who are disabled. This term does not include transitional housing, senior housing, or other state-licensed housing.

ILLUMINATED SIGN. See SIGN, ILLUMINATED.

IMPERVIOUS SURFACE PERCENTAGE. The area of any lot covered by material which is impervious to penetration by water, divided by the total lot area.

INSTITUTIONAL SIGN. See SIGN, INSTITUTIONAL.

INTERIOR LOT. See LOT, INTERIOR.

JUNKYARD. Any area where used, waste, discarded, or salvage materials are bought, sold, exchanged, stored, baled, cleaned, patched, disassembled, or handled; including scrap iron and other metals, paper, rags, rubber products, bottles, and used construction materials, but excluding refuse or the storage of material in conjunction with construction or a manufacturing process.

KENNEL. An establishment where dogs, cats or other domesticated animals, as permitted, are boarded for compensation or where dogs, cats or other domesticated animals, as permitted, are bred or raised for sale purposes.

LANDSCAPING. Plantings such as trees, grass, or shrubs.

LANDSCAPING AND SERVICE CONTRACTOR SHOPS. An establishment used for the repair, maintenance or storage of the contractor's vehicles, equipment, or materials which operate from said establishment and may include offices for the purposes of the contracting or landscaping business.

LOADING SPACE. A space accessible from a street, alley, or driveway for the use of vehicles while loading or unloading merchandise or materials.

LOT. An area, parcel, or tract of land which was created or is recognized as a lot under Ch. 150.

LOT AREA. The area of a lot on a horizontal plane bounded by the lot lines, excluding dedicated rights-of-way.

LOT, CORNER. A lot situated at the junction of, and abutting on 2 or more intersecting streets, or a lot at the point of deflection in alignment of a continuous street, the interior angle of which does not exceed 135 degrees.

LOT DEPTH. The mean horizontal distance between the front lot line and the rear lot line.

LOT, INTERIOR. A lot other than a corner lot.

LOT LINE. A line bounding a lot, except that where any portion of a lot extends into a street, the line of such street shall be the LOT LINE.

LOT LINE, FRONT. The boundary of a lot which abuts a street. In the case of a corner lot, the term shall mean the shortest dimension abutting a street. For any lot other than a corner lot which abuts more than 1 street, all boundaries abutting and parallel to the streets shall be FRONT LOT LINES.

LOT LINE, REAR. The boundary of a lot which is opposite or most distant from the front lot line.

LOT LINE, SIDE. Any boundary of a lot which is not a front lot line or a rear lot line.

LOT WIDTH. The horizontal distance between the side lot lines of a lot measured parallel to the front lot line and at the building setback line.

LOWER-POTENCY HEMP EDIBLE RETAILER. A business with a lower-potency hemp edible retailer license from the Office of Cannabis Management.

LOWER-POTENCY HEMP EDIBLE MANUFACTURER. A business with a lower-potency hemp edible manufacturer license from the Office of Cannabis Management.

MAKERS SPACE. A co-working space which allows members access to a variety of technology tools such as computers, arts and crafts supplies and tools for fabrication.

MALT LIQUOR. Any beer, ale, or other beverage made from malt by fermentation and containing not less than one-half of 1% alcohol by volume.

MANUFACTURED HOME. Any structure, transportable in 1 or more sections, which in the traveling mode, is 8 body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein.

MANUFACTURING (WITH STORAGE). A facility or establishment where manufacturing, fabrication, processing, assembly, and storage operations, except those involving a project that fits within one of the mandatory EIS categories under MN Rules 4410.4400.

MANUFACTURING (WITHOUT STORAGE). A facility or establishment where manufacturing, fabrication, processing, and assembly operations conducted are entirely within an enclosed building, except those involving a project that fits within one of the mandatory EIS categories under MN Rules 4410.4400.

MASSAGE ESTABLISHMENT.

1. An establishment where the principal use and service is providing therapeutic massage as defined in Chapter 116 of this code, including any enterprise, establishment, or operation, whether under control of an individual or legal entity, providing or offering to provide massage therapy services within the city for a fee or other consideration paid either directly or indirectly, that:
   1. Has one or more massage therapists employed or contacted to provide massage therapy services for the massage establishment; or
   2. Is in a fixed location within the city wherein massage therapy services are provided.
2. Any health or medical facility, office, or clinic operated by state licensed medical professional(s) or any health or medical-related business operated by state licensed medical professional(s) duly licensed under the provisions of M.S. §§ 144.50 through 144.60, as they may be amended from time to time, which provides therapeutic massage to its patients, shall not be deemed to be a massage establishment.

MEDICAL CANNABIS COMBINATION BUSINESS. A business with a medical cannabis combination business license from the State of Minnesota Office of Cannabis Management.

MEDICAL OFFICE AND DENTAL CLINICS. An establishment which provides diagnostic and outpatient medical and dental treatment by a group of licensed health care practitioners or dentists. This includes all appurtenant administrative or other functions of such establishment.

MICRO-DISTILLERY. A facility that produces ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin, or other distilled spirits, including all dilutions and mixtures thereof, for non-industrial use not to exceed 40,000 proof-gallons per calendar year.

MINING. The extraction of sand, gravel, rock, soil, or other material from a parcel of land in an amount exceeding 1,000 cubic yards, and the removal of said material from the site with or without processing. The term MINING shall not include removal of materials in accordance with a building permit, grading permit, public improvement project, or other project receiving prior review and approval by the city.

MOTEL. A building or group of buildings other than a hotel or bed and breakfast inn used as a temporary residence by the traveling public with rooms having a separate entrance providing direct access to the outside and providing motor vehicle parking located adjacent to or near to the sleeping rooms.

MOTOR FREIGHT TERMINAL. A facility for freight operations, including, but not limited to, pickup, sorting and terminal operations, loading and unloading, and local delivery.

MULTIPLE-FAMILY DWELLING. A residential structure composed of 3 or more dwelling units which may share common walls, ceilings, floors, or any combination thereof. Each dwelling unit shall be designed for and occupied exclusively by individual families living independently of each other.

MURAL SIGN. See SIGN, MURAL.

NAMEPLATE SIGN. See SIGN, NAMEPLATE.

NONCONFORMITY. Any land, use, or structure lawfully existing on the effective date of this chapter which does not comply with all the requirements of this chapter or any amendments hereto governing the zone in which such land, use, or structure is located.

NON-RIPARIAN. Not located on the bank of a natural watercourse.

NOXIOUS MATTER. Matter capable of causing injury to living organisms by chemical reaction, or capable of causing detrimental effects on the physical or economic well-being of individuals.

NURSING HOME. Any institution or facility required to be licensed as such by the State Commissioner of Health under M. S. Ch. 144A, as it may be amended from time to time.

OBSTRUCTION. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or other matter in, along, across, or projecting into any channel, watercourse, or regulatory floodplain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water.

OFFICE SHOWROOM. A facility in which the handling of information or the performing of administrative services is conducted as a principal use; including services provided to persons both on-site and off-site on a walk-in or appointment basis. Up to 25% of the gross floor area of the structure may be used for the display of merchandise and equipment, and its sale to a customer where delivery of purchased merchandise is made directly to the ultimate consumer from a warehouse.

OPAQUE. At least 80% of the view from the opposite side is blocked, when observed from a point perpendicular to the opaque material, fence, or wall.

OPEN SALES LOT. Land devoted to the display of goods for sale, rent, trade, or advertising purposes, where such goods are not enclosed within a building, on a 24-hour-a-day basis for at least 7 days per year.

OPEN SPACE (CONSERVATION). Any land or area, the preservation of which in its present use would: (1) conserve and enhance natural or scenic resources; or (2) protect streams or water supply; or (3) promote conservation of soils, wetlands, beaches, tidal marshes; or (4) enhance the value to the public of abutting or neighboring parks, forests, wildlife preserves, nature reservations, or sanctuaries; or (5) enhance recreation opportunities.

OPEN SPACE (PASSIVE). A landscaped area or areas available for the common use of and is accessible by all residents or occupants of a development. Open space shall be calculated on a net basis which excluded private yards, private streets from back of curb to back of curb, public rights-of-way, any areas within an easement: or any other non-recreational impervious surface area. Dedicated parkland shall not be used in calculating open space for a development.

OPEN STORAGE. See EXTERIOR STORAGE.

ORDINARY HIGH WATER LEVEL. The boundary of public waters or wetlands at an elevation delineated by the State Department of Natural Resources as the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ORDINARY HIGH WATER LEVEL is the elevation of the top of the bank of the channel. For reservoirs and flowages, the ORDINARY HIGH WATER LEVEL is the operating elevation of the normal summer pool.

OUTDOOR CAFÉ.  A seating area on a public sidewalk or plaza adjacent to a permitted use in the Central Business Zone B-3 where food and beverages are sold from the business operating such permitted use are consumed by its customers.

OVERLAY ZONE. See ZONE, OVERLAY.

PARK. A natural or landscaped area, which may include both active and passive indoor and outdoor recreation and leisure activities, as well as grassland, forested land and wetlands. These areas may be public or private.

PARKING SPACE. A suitably surfaced and permanently maintained area on privately owned property, either within a building or outside.

PAWNSHOP. A facility operated by a pawnbroker which engages in whole or in part, in the business of lending money on the security of tangible personal property actually delivered into the person's possession, or in the business of purchasing tangible personal property to be left with the person on the condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time. No bank or other financial institutions shall be deemed a pawnshop for the purposes of this Code.

PERFORMANCE STANDARDS. Criteria established to control noise, odor, dust, fumes, toxic or noxious matter, vibration, fire or explosive hazards, glare, heat, or other characteristics generated by or inherent in uses of land or structures.

PERMITTED USE. See USE, PERMITTED.

PERSONAL VEHICLE. See VEHICLE, PERSONAL.

PET DAYCARE/PET BOARDING. An establishment in which animals, as permitted are kept or maintained for the care , training, exercise, or socializing, by a person other than the owner of the animals for a fee. This term may include grooming and pet walking services but does not include the breeding or selling of animals or facilities whose primary source of revenue is veterinarian services.

PLACE OF WORSHIP/RELIGIOUS ASSEMBLY HALL. A church, synagogue, temple, mosque or other facility which is used for prayer or assembly by persons of similar beliefs, or a special purpose building that is architecturally designed or adapted for the primary use of conducting, on a regular basis, religious services and associated accessory uses.

PLANNED UNIT DEVELOPMENT. A process used to acquire approvals for a project or development which requires the preparation of plans as specified herein and, upon approval of said plans by the city, establishes the land use pattern; the density or intensity of use; yard, lot coverage, landscaping, building height, and spacing requirements; the architectural character of the project; pedestrian and vehicular system locations; outdoor storage; loading, signage, parking, and open space requirements and locations; and such other requirements as are deemed necessary and appropriate for the area encompassed by the planned unit development.

PLANT NURSERY. A facility where plants are propagated and grown to useable size. This term includes; retail nurseries that sell to the general public, wholesale nurseries that sell only to business such as other nurseries and to commercial gardeners, private nurseries that supply the needs of institutions or private estates where they are located, and tree farms or other forestry uses. This term does not include landscape contractors or other similar uses.

PORTABLE SIGN. See SIGN, PORTABLE.

POWER GENERATION FACILITY.  A power station, powerhouse, power generation plant or similar facility, other than a wind energy or solar energy conversion system or facility, that produces or generates electric power.

PRINCIPAL USE. See USE, PRINCIPAL.

PRIVATE LODGE/CLUB. An establishment owned or operated by a corporation, association, or person(s) for the purposes of carrying out a social, educational or recreational purposes, but not primarily for profit or to render a service that is customarily carried out as a business and is usually characterized by certain membership restrictions, regular meetings and a constitution or bylaws.

PUBLIC BUILDING. Any building held, used, or controlled exclusively for public purposes by any department or branch of government, state, county, or municipal without reference to the ownership of the building or of the realty upon which it is situated. A building belonging to or used by the public for the transaction of public or quasi-public business.

PUBLIC INFORMATION SIGN. See SIGN, PUBLIC INFORMATION.

PUBLIC OR PRIVATE SCHOOLS FOR GRADES PRE-K - 12. A facility which provides educational services for elementary and/or secondary students with a curriculum that complies with the State Department of Education.

PUBLIC RECREATION. Any use commonly provided for and open to the public at parks, playgrounds, community centers, or other similar sites owned or operated by a unit of government for the purpose of providing recreation.

REACH. A longitudinal segment of a stream or river influenced by a natural or human-made obstruction.

REAR LOT LINE. See LOT LINE, REAR.

REAR YARD. See YARD, REAR.

RECREATIONAL EQUIPMENT. Any structure, device, or furnishing used for recreational purposes which is not larger than 600 square feet or 4,000 cubic feet including, but not limited to, swing sets and slides, sandboxes, picnic tables, jungle gyms, and similar items.

RECREATIONAL VEHICLE. See VEHICLE, RECREATIONAL.

RECYCLING/COMPOSTING FACILITY. An enclosed facility in which scrapped or salvaged materials are shredded, milled, crushed, ground, bought, sold, exchanged, stored, baled, packed, disassembled or handled, including but not limited to, construction debris, scrap iron and other metals, paper, rags, rubber tires, bottles, plastics, aluminum cans or organics. A Recycling Facility shall not include automobile wrecking or dismantling.

REGIONAL FLOOD. A flood which is representative of large floods known to have occurred generally in the state and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence interval. REGIONAL FLOOD is synonymous with the term BASE FLOOD used in the flood insurance study for the city.

REGULARLY or ON A REGULAR BASIS. The provision of day care services to 1 or more persons for a cumulative total of more than 30 days within a 12-month period. Provision of services for any part of a calendar day shall constitute provision of service for the entire calendar day.

REGULATORY FLOOD PROTECTION ELEVATION. The elevation no lower than 1 foot above the elevation of the regional flood, plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway.

RESIDENTIAL FACILITY. A facility licensed by the state to provide 24-hour-a-day care, supervision, food, lodging, rehabilitation, training, education, habitation, or treatment outside a person’s own home. For this purpose, a person is any individual under 18 years of age or an individual who is 18 years of age or older and who has mental illness, mental retardation or a related condition, a physical handicap or a functional impairment, or who is chemically dependent or abuses chemicals.

RESTAURANT, CLASS I. An establishment serving food to customers while seated at a counter or table and which does not serve alcoholic beverages or provide live entertainment.

RESTAURANT, CLASS II. An establishment serving food to customers which is not a Class I restaurant.

RETAIL. The sale of goods or services directly to the ultimate consumer.

RETAIL CENTER. A commercial area containing 1 or more retail establishment(s) with a total building area in excess of 50,000 square feet.

RIPARIAN. Located on the bank of a natural watercourse.

SALES TRAILERS. A recreational vehicle, modular structure, or other similar structure used for the purpose of marketing homes, commercial, or industrial space.

SANDWICH BOARD SIGN. See SIGN, FREE STANDING.

SEASONAL SALES STANDS. An open-air facility which sells seasonal products directly to customers on site.

SELF-STORAGE ESTABLISHMENT. An enclosed building with controlled access having compartments, rooms, spaces, lockers or other types of units that are individually leased, rented, sold or otherwise contracted for the storage of a customer's goods or possessions. This use may be located within a single building or multiple buildings on a single lot.

SENIOR HOUSING. A residential complex containing multifamily dwellings which are age-restricted to those 55 years and older. such facilities may include a congregate meals program in a common dining area but exclude institutional care such as medical or nursing care facilities.

SETBACK. The minimum horizontal distance between a structure and a lot line, ordinary high water level, or other specified item.

SHORELAND. Land located within the following distances from public waters: 1,000 feet from the ordinary high water level of a lake, pond, or flowage; or 300 feet from a river or stream, or the landward extent of a floodplain designated by ordinance on such a river or stream, whichever is greater. The limits of the SHORELAND may be reduced whenever the waters involved are bounded by natural topographic divides which extend landward from the water for lesser distances and when approved by the Commissioner of the State Department of Natural Resources.

SHORT TERM LODGING RENTAL. An owner-occupied rental dwelling, whether rented partially or entirely for a term less than 30 days at a time and is rented for no more than a total of 60 days in a calendar year.

SIDE LOT LINE. See LOT LINE, SIDE.

SIDE YARD. See YARD, SIDE.

SIGN. Any letter, work, symbol, device, poster, picture, statuary, reading matter, or representation in the nature of an advertisement, announcement, message, or visual communication whether painted, pasted, printed, affixed, or constructed which is displayed in view of the general public for informational or communicative purpose.

SIGN, ADVERTISING. Any non-governmental sign located outdoors which advertises or directs attention to a business, profession, product, service, commodity, entertainment, event, or other activities not necessarily offered, sold, or rented upon the premises where the sign is located or to which it is attached.

SIGN, ALPHA/NUMERIC MONOCHROME. A sign or portion of a sign that can display electronic non-pictorial text. In the case of gas stations, pricing boards for gasoline/diesel shall not be counted toward allowable signage area.

SIGN AREA. The entire area within a single continuous perimeter enclosing the extreme limits of the actual sign surface This excludes any supports, uprights, or structures on which any sign is supported unless such supports, uprights, or structures are an integral part of the display or sign. Where the sign is double-faced, the SIGN AREA shall be calculated by measuring only 1 of the faces, meaning that the maximum sign area allowed shall be permitted on each face of the sign. Where the sign has more than 2 sides, all faces shall be limited to the total area permitted on double-faced signs, meaning that the total sign area allowed will decrease with additional faces.

SIGN, AREA IDENTIFICATION. A free standing sign, located at the entrance to or within the identified premises, which identifies the name of a neighborhood, residential subdivision, multiple-family residential complex, shopping center or area, industrial area, office complex, planned unit development, or any combination of the above, but which does not advertise any business within the area.

SIGN, DIRECTIONAL. A sign erected on private property for the purpose of directing vehicular and pedestrian traffic to facilities or functions open to the general public.

SIGN, ELECTRONIC MESSAGE CENTERS. A sign or portion of a sign that can electronically display any combination of words, graphics, pictorial text, and multiple colors. In the case of gas stations, pricing boards for gasoline/diesel shall not be counted toward allowable signage area.

SIGN, FLASHING. A directly or indirectly illuminated sign or portion thereof that exhibits changing light or color effect by any means, so as to provide intermittent illumination that changes light intensity in sudden transitory bursts, and creates the illusion of intermittent flashing light by streaming, graphic bursts, showing movement, or any mode of lighting which resembles zooming, twinkling, or sparkling.

SIGN, FREE STANDING. A sign which is placed in the ground and not affixed to any part of any structure. A FREE STANDING SIGN may be of any of the following types:

1. FREE STANDING GROUND SIGN. A sign which is mounted on free standing shafts, posts, or walls which are 7 feet or less in height and are attached to the ground;
2. FREE STANDING PYLON SIGN. A sign which is mounted on free standing shafts, posts, or walls which extend more than 7 feet in height and are attached to the ground; and
3. SANDWICH BOARD SIGN. A sign which has 2 single face areas that are attached on only 1 end so as to create a triangular stance, but which is not permanently affixed to the ground.

SIGN, GOVERNMENT. A sign which is erected by or with the approval of a governmental unit.

SIGN, ILLUMINATED. A sign which has an artificial light source directed upon it or 1 which has an interior light source.

SIGN, INSTITUTIONAL. A sign or bulletin board which identifies the name and other characteristics of a public or private institution on the site where the sign is located.

SIGN, MURAL. Any mural or pictorial scene painted or attached on the wall of a structure or painted on a sign board affixed to a wall, and which has as its primary purpose artistic effect and an ideological or non-commercial message.

SIGN, NAMEPLATE. A sign indicating the name of a building, building occupant, development, project, or any sign which serves as a directory of building occupants.

SIGN, PORTABLE. A sign so designed as to be movable from 1 location to another and which is not permanently attached to the ground or any structure.

SIGN, PUBLIC INFORMATION. A sign conveying information of general interest to the public, such as time, temperature, date, atmospheric conditions, or upcoming civic, community, cultural, social, or athletic events.

SIGN, TEMPORARY. Any sign intended to be displayed for a limited period of time only.

SIGN, WALL. Any sign which is attached or affixed to the exterior wall of any building, and projects from the wall 18 inches or less.

SIGN, WINDOW. A sign attached to, placed upon, or painted on the interior or exterior of a window or door of a building and which is intended for viewing from the exterior of such building.

SILO. A vertical, cylindrical structure, made of reinforced concrete, steel, timber, or materials which comply with building codes, used for storing grain, cement, or other materials necessary to the conduct of operations with a permitted or conditional permitted use in a specified zoning district.

SINGLE-FAMILY DWELLING. A residential structure designed for and occupied exclusively by 1 family.

SOLAR ENERGY SYSTEM. A complete design or assembly consisting of a solar energy collector, an energy storage facility (where used), and components to the distribution of transformed energy (to the extent they cannot be used jointly with a conventional energy system). To qualify as a solar energy system, the system must be permanently located for not less than 90 days in any calendar year beginning with the first calendar year after completion of construction.

STEEP SLOPE. Land where agricultural activity or development is either nor recommended or described as poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in available county soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this ordinance. Where specific information is not available, STEEP SLOPES are lands with average slopes over 12%, as measured over horizontal distances of 50 feet or more, that are not bluffs.

STREET. A public right-of-way affording primary access by pedestrians and vehicles to abutting properties.

STRUCTURE. Anything constructed or erected, the use of which requires a location on, below, or above, the ground, or attached to something having a location on the ground, including signs and fences.

SUBDIVISION. The creation of 1 or more lots under the provisions of Ch. 150.

TAPROOM. An area for the on-sale consumption of malt liquor produced by the brewer for consumption on the premises of or adjacent to 1 brewery location owned by the brewer. A TAPROOM may also include sales for off-premises consumption of malt liquor produced at the brewery location or adjacent to the TAPROOM and owned by the brewer for off-premises consumption, packaged subject to M.S. § 340A.301, subd. 7(b), as it may be amended from time to time, or its successor.

TASTING ROOM, WINERY/DISTILLERY.  An area for the on-sale consumption of distilled spirits or wine produced on the premises of, or adjacent to 1 winery or 1 distillery and in common ownership to the producer of the wine or distilled spirits. The tasting room area may include sales for off-premises consumption of products produced by the owner of the winery or distillery location if permissible by state law.

TAVERN.  An establishment where the primary business is the on-premises sale and consumption of alcoholic beverages and where the incidental sale of food for consumption on the premises may also occur.

TEMPORARY SIGN. See SIGN, TEMPORARY.

THEATER. An enclosed establishment or facility which presents motion pictures or live performances for observation by patrons. This term does not include outdoor theaters or amphitheaters.

TOE OF THE BLUFF. The lower point of a 50 feet segment with an average slope exceeding 18%.

TOP OF THE BLUFF. The higher point of a 50 feet segment with an average slope exceeding 18%.

TOWER. Any pole, spire, structure, or combination thereof including supporting lines, cables, wires, braces, and masks; intended primarily for the purpose of mounting an antenna, meteorological device, or similar apparatus above grade.

TOWNHOUSE. A residential structure consisting of 2 or more contiguous dwelling units, sharing only common walls, each having access through separate individual entrance/exits adjacent to a lot line, and each having separate garage/storage areas.

TWO-FAMILY DWELLING. A residential structure composed of no more than 2 dwelling units which may share common walls, ceilings, floors, or any combination thereof. Each dwelling unit shall be designed for and occupied exclusively by individual families living independently of each other.

USE. The purpose or activity for which the land or structure thereon is designated, arranged, or intended, or for which it is occupied or maintained.

USE, ACCESSORY. A use or structure subordinate to and serving the principal use or structure on the same lot and customarily incidental thereto.

USE, CONDITIONAL. A use which is generally permitted within the zone, but which requires special review and limitations because if not carefully located or designed may have a detrimental impact on neighboring properties or the city.

USE, INTERIM. A temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit the use.

USE, PERMITTED. A use which may be lawfully established in a zone provided it conforms with all requirements, regulations, and performance standards of such zone.

USE, PRINCIPAL. The main use of land or a structure, as distinguished from a subordinate or accessory use.

UTILITY SERVICES. Services supplying gas, electric, transportation, water, sewer, cable, or land line telephone service to the general public.

UTILITY SERVICE STRUCTURES. Any building or structure necessary for the operation of public or private utility services. This does not include water towers or electrical substations, or any buildings constructed to house sanitary lift station controls.

VARIANCE. A modification or relaxation of the provisions of this chapter where it is determined that by reason of special and unusual circumstances relating to a specific lot, that strict application of this chapter would cause an undue hardship, or that strict conformity with the provisions of this chapter would be unreasonable, impractical, or unfeasible under the circumstances.

VEHICLE. Any device in, upon, or by which any person or property is or may be transported or drawn upon a street, except devices used exclusively upon stationary rails or tracks.

VEHICLE, COMMERCIAL. Any vehicle other than a personal vehicle or recreational vehicle.

VEHICLE, PERSONAL. Any self-propelled vehicle designed and used for the carrying of not more than 15 persons, including the driver, truck with a rated carrying capacity of 1 ton or less, motorcycle, or motorbike.

VEHICLE, RECREATIONAL. Any self-propelled vehicle or vehicle propelled or drawn by a self-propelled vehicle used for recreational purposes, including, but not limited to, RVs, campers, snowmobiles, trail bikes, or other all-terrain vehicles, boats, hovercrafts, or motor vehicles licensed for highway operation which may be used for off-road recreational purposes.

VEHICLE RENTAL FACILITY. An establishment which engages in the rental of personal motor vehicles which may also contain incidental storage or light servicing of rental vehicles.

VEHICLE RENTAL FACILITY (COMMERCIAL). An establishment which engages in the rental of commercial motor vehicles which may also contain incidental storage or light servicing of commercial rental motor vehicles.

VEHICLE REPAIR. A facility which engages in the service, or industry involving the maintenance, repair, servicing, or painting of automobiles, trucks, vans and motorcycles is conducted or rendered. This excludes commercial wrecking or dismantling, scrap or salvage yards, tire scrapping and truck-tractor repair.

VEHICLE SALES, AUCTION. A facility that sells operable new and/or used vehicles at wholesale by means of an auction. Parts of vehicles, or salvage titled vehicles are not included in this definition.

VEHICLES SALES, (NEW). An establishment providing the retail sale of new motor vehicles including the buying, selling, leasing or displaying of any new motor vehicle. This term includes incidental storage and maintenance of new vehicles. New Vehicle Sales establishments may sell used vehicles as accessory to the primary new vehicle sales use.

WALL SIGN. See SIGN, WALL.

WAREHOUSING. A facility which provides indoor storage of materials, equipment or products as a primary use.

WATER TOWER. A tower supporting an elevated water tank, whose height creates the pressure required to distribute the water through a piped system.

WETLAND. Land transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water, as defined in M.S. § 103G.005, subd. 19, as it may be amended from time to time.

WHOLESALE. An establishment which is engaged in the sale of goods to retailers or other business or industrial users , or to other wholesalers and not direct retail sales to the general public.

WINDOW SIGN. See SIGN, WINDOW.

WINERY. An establishment where wine is made, processed and warehoused for wholesale distribution. This term does not include the growing of grapes or direct retail sales to customers on site.

WIND ENERGY CONVERSION SYSTEM (WECS). A machine that converts the kinetic energy in the wind into a usable form (commonly known as a wind turbine or windmill). The WECS includes all parts of the system except the tower and the transmission equipment.

YARD. An open space on a lot surrounding a principal structure, which is unoccupied and unobstructed from the ground to the sky, except by landscaping or an eave not exceeding 24 inches in width.

YARD, FRONT. The yard extending the width of the lot from the front lot line to the building setback line.

YARD, REAR. The yard extending the width of the lot extending from the rear lot line to the rear yard setback line.

YARD, SIDE. The yard extending along the side lot line between the front and rear yards, extending perpendicularly from the side lot line to the side yard setback line.

ZONE. An area or areas within the city for which the regulations and requirements of this chapter governing uses, lot, and bulk of structures and premises are uniform.

ZONE, OVERLAY. A zone whose regulations and requirements are added to the regulations and requirements of another zone, in order to address particular topographic or development concerns.

ZONING ADMINISTRATOR. The duly appointed person charged with enforcement of this chapter, or that person’s designee.

(2013 Code, § 11.02) (Ord. 1, passed 4-1-1978; Ord. 31, passed 10-25-1979; Ord. 36, passed 1-17- 1980;  Ord. 35, passed 1-31-1980; Ord. 158, passed 1-31-1985; Ord. 159, passed 2-28-1985; Ord. 206, passed 9-11-1986; Ord. 226, passed 6-17-1988; Ord. 36, passed 1-17-1989; Ord. 264, passed 5-26-1989; Ord. 275, passed 9-22-1989; Ord. 377, passed 7-7-1994; Ord. 434, passed 11-30-1995; Ord. 467, passed 12-19-1996; Ord. 474, passed 2-6-1997; Ord. 479, passed 3-3-1997; Ord. 482, passed 5-15- 1997; Ord. 497, passed 9-4-1997; Ord. 505, passed 1-1-1998; Ord. 520, passed 7-16-1998; Ord. 549, passed 6-3-1999; Ord. 554, passed 7-6-1999; Ord. 563, passed 11-25-1999; Ord. 609, passed 8-30- 2001;Ord. 703, passed 3-27-2008; Ord. 859, passed 9-6-2012; Ord. 639, passed 9-12-2002; Ord. 778, passed 5-17-2007; Ord. 808, passed 9-25-2008; Ord. 865, passed 3-5-2013; Ord. 877, passed 12-3-2013; Ord. 909, passed 8-18-2015; Ord. 922, passed 11-17-2015; Ord. 953, passed 11-20-2016; Ord. 956, passed 2-21-2017; Ord. R2020-008, passed 11-04-2020; Ord. O2021-006, passed 03-16-2021; Ord. O2024-011, passed 12-17-2024; Ord. O2025-017, passed 07-15-2025)

1. Adopted. The zoning map, as provided in  TSO Table I, is appended to this chapter and is hereby adopted by reference as though shown in all details herein. The boundaries of the zones are established as shown on the zoning map. The zoning map shall be kept on file in the office of the Zoning Administrator and shall be referred to as the “zoning map”. The map and all of the notations, references, and other information shown thereon shall have the same force and effect as if fully set forth herein. All subsequent changes in zoning shall be shown on the zoning map.
2. Governs. All property within the city shall have the zoning designation shown on the zoning map. If there is any discrepancy or inconsistency between the zoning map and any other map, ordinance, or source which purports to indicate the zoning of property, the zoning map shall take precedence.
3. Intention. Zone boundary lines shown on the zoning map are intended to follow lot lines, the centerlines of streets or alleys, the centerlines of streets or alleys projected, the centerlines of railroad rights-of-way, the center of watercourses, or the corporate limits of the city, unless otherwise indicated. Where a zone boundary line divides a lot which was in single ownership at the time of enactment of this chapter and places portions of such lot in 2 or more zones, any portion of such lot within 50 feet on either side of the dividing zone boundary line may be used for any use allowed in either zone; provided, however, if any portion of such lot shall extend beyond the 50 feet limitation, the zone line as shown shall prevail.
4. Floodplain Overlay Zone. The boundaries of the Floodplain Overlay Zone shall be determined by scaling distances on the zoning map. Where interpretation is needed as to the exact location of the boundaries of the zone, or where there appears to be a conflict between a mapped boundary and actual field conditions, the Zoning Administrator shall make the necessary interpretation. All decisions will be based on elevations on the regional (100-year) flood profile and other available technical data.
5. Interpretation. The Zoning Administrator shall interpret the zoning map and the exact location of the zone boundary lines by reference to evidence of the intent of the City Council. Any party aggrieved by an interpretation of the Zoning Administrator under this section may appeal the Zoning Administrator’s decision to the Board of Adjustment and Appeals as outlined in § 151.016.
6. Annexation. The zoning designation of any area annexed to the city shall remain the same as approved by the governing body with previous jurisdiction over the annexed area, and shall remain in force until modified by the City Council. (Zoning map amendments are listed in Table of Special Ordinances, Table I.)

(2013 Code, § 11.03)  (Ord. 31, passed 10-25-1979; Ord. 163, passed 3-28-1985; Ord. 377, passed 7-7-1994)

1. For the purpose of this chapter, the city is hereby divided into the following zones:
   1. Agricultural Preservation (AG);
   2. Rural Residential (RR);
   3. Low-Density Residential (R-1A);
   4. Urban Residential (R-1B);
   5. Old Shakopee Residential (R-1C);
   6. Medium-Density Residential (R-2);
   7. Multiple-Family Residential (R-3);
   8. Highway Business (B-1);
   9. Office Business (B-2);
   10. Central Business (B-3);
   11. Major Recreation (MR);
   12. Light Industry (I-1);
   13. Heavy Industry (I-2);
   14. Planned Unit Development Overlay (PUD);
   15. Mining Overlay (MIN);
   16. Shoreland Overlay (SH);
   17. Floodplain Overlay (FP); and
   18. Old Shakopee Business Overlay (B-1C)
   19. Parks and Open Space (PO)
       
2. Unless the context clearly indicates to the contrary, reference in this chapter to residential zones includes AG, RR, R-1A, R-1B, R-1C, R-2, and R-3; reference to business zones includes B-1, B-2, B-3, and MR; and reference to industry zones includes I-1 and I-2.

(2013 Code, § 11.20)  (Ord. 31, passed 10-25-1979; Ord. 204, passed 7-31-1986; Ord. 215, passed 3-12-1987; Ord. 377, passed 7-7-1994)

1. Statutory authorization. As authorized by M.S. §§ 86B.201, 86B.205, and 459.20, as they may be amended from time to time, and Minn. Rules 6110.3000 through 6110.3800, as now in effect and as hereafter amended, this section is enacted for the purpose and with the intent to control and regulate the use of the waters in the city, said bodies of water being located entirely within the boundaries of the city, to promote it fullest use and enjoyment by the public in general and the citizens of the city in particular, to ensure safety for persons and property in connection with the use of said waters; to harmonize and integrate the varying uses of said waters; and to promote the general health, safety, and welfare of the citizens of the city.
2. Definitions. Terms used in this section related to boating are defined in M.S. § 86B.005, as it may be amended from time to time.
3. Surface zoning of natural environment lakes by restricting motorized watercraft.
   1. The use of motorized watercraft (including, but not limited to, boats powered by inboard and outboard motors and jet skis) is prohibited on natural environment lakes.
   2. NATURAL ENVIRONMENT LAKES are defined by the Minn. Rules  6120.3300 and listed in § 151.068(A)(2). As of June 22, 2009 natural environment lakes include the following lakes within Shakopee: Blue Lake; Dean Lake; Fisher Lake; Rice Lake; and Lake ID No. 70-0080. This list may be revised based on adjustments to the city municipal boundaries or modifications to state regulations defining natural environment lakes.
4. Enforcement. The primary responsibility for enforcement of this section shall rest with the City Police Department.
5. Exemptions. All authorized resource management, emergency, and enforcement personnel, while acting in the performance of their assigned duties are exempt from the foregoing restrictions.
6. Notification. It shall be the responsibility of the city to provide for adequate notification of the public, which shall include placement of a sign at each natural environment lake outlining the provisions of this section, as well as the placement of necessary signs.

(2013 Code, § 11.55)  (Ord. 822, passed 8-6-2009)

1. Enforcing officer. This chapter shall be administered and enforced by the Zoning Administrator in accordance with its terms, who shall not permit any construction, use, or change of use which does not conform to this chapter. The Zoning Administrator may designate such additional persons as may be necessary or convenient to assist in administering and enforcing this chapter.
2. Duties of the Zoning Administrator. The Zoning Administrator’s duties shall include the following:
   1. Determine that all building permits comply with the terms of this chapter;
   2. Conduct inspections of buildings and uses of land to determine compliance with the terms of this chapter;
   3. Maintain records of all zoning maps, amendments, conditional uses permits, variances, appeals, and other matters regulated by this chapter;
   4. Administer all applications under this chapter;
   5. Institute appropriate enforcement proceedings and actions against violators;
   6. Serve as staff advisor to the Planning Commission and the Board of Adjustment and Appeals;
   7. Prepare reports and information for the Planning Commission and the Board of Adjustment and Appeals, and may attend their meetings and participate in their hearings and discussions, but shall not vote on any item before the Planning Commission or the Board of Adjustment and Appeals; and
   8. Perform such other functions as may be necessary to enforce and administer this chapter.
3. Notice. Failure to give notice or to give adequate notice when such is required by this chapter shall not invalidate any proceeding; provided, that a good faith attempt has been made to comply with the notice requirement.
4. Fees. The fees required by this chapter shall be those specified in the most recent fee schedule adopted by the City Council. Fees are payable at the time of submission of an application and no application shall be deemed to be complete until the fee has been paid. The fee may be waived by the City Council in the case of applications filed in the public interest by the Planning Commission or City Council.

(2013 Code, § 11.80)  (Ord. 31, passed 10-25-1979; Ord. 96, passed 11-11-1982; Ord. 377, passed 7-7-1994)

1. Development standards.
   1. Frontage required. A platted lot or parcel of land shall not be developed unless it has frontage on a street or has access approved through a planned unit development.
   2. Sewage. A platted lot or parcel of land shall not be developed unless a safe and adequate sewage treatment system can be installed to serve any building.
   3. Setbacks from streets. On corner lots or other lots abutting 2 or more streets, the required front yard setback shall be provided for each side abutting a street. The front yard shall be the side with the shortest street frontage. In the Rural Residential (RR), Low-Density Residential (R-1A), Urban Residential (R-1B), and Medium-Density Residential (R-2) Zones, the required setback shall be reduced by 10  feet in any yard abutting a street other than the front.
   4. In residential zones, except in the Rural Residential and Agricultural Preservation zones, the front setback for a principal building must be within 80-120% of the average setback of the nearest three existing structures on the same block face and meet the minimum required front yard setback of the zoning district. If there are less than three existing principal structures on the block, a new structure must meet the minimum required setback.
      
2. Accessory structures.
   1. Constructed after principal building. No accessory structure shall be constructed on any residential lot prior to the construction of the principal building to which it is accessory,
   2. Size.
      1. Except in the Agricultural Preservation (AG) Zone, no accessory structure shall exceed the height of the principal building or 15 feet in a residential zone, whichever is less. In the Low-Density Residential (R-1A), Urban Residential (R-1B), Old Shakopee Residential (R-1C), Medium-Density Residential (R-2), and Multiple-family Residential (R-3) Zones, no accessory building shall exceed 10% of the lot area or exceed 75% of the square footage of the footprint of the principal dwelling, whichever is less. The maximum total footprint of accessory structures for lots less than 20 acres in area in the Rural Residential Zone, Sewered Rural Residential Zone and Agricultural Preservation Zone is 2,400 square-feet.
      2. A conditional use permit is required to exceed the above size requirements in the Old Shakopee Residential (R-1C) Zone. A variance procedure is applicable in all other districts.
      3. A carport, lean-to, or garage constructed of metal tubing, fabric, cloth, plastic, exposed plywood, particle board, or corrugated metal is not permitted in any zoning district. Any existing car-ports, carports, lean-tos, or garages constructed of the above listed materials must be removed from sites by May 1, 2020, as they do not meet Building Codes for permanent structures.
         
   3. Front yard setback. Each accessory structure shall be setback at least as far as the principal building on the lot. In the Agricultural Preservation (AG) and Rural Residential (RR) Zones, no accessory structure may be located closer to the front lot line than the principal buildings or 200 feet, whichever is less.
   4. Side and rear yard setbacks.
      1. An accessory structure shall be setback a minimum of 5 feet from the side or rear lot line, except in the Old Shakopee Residential (R1-C) Zoning District, where an accessory structure can be setback 3 feet on 1 side and 7 feet on the other side.
      2. A garage shall be setback a minimum of 20 feet from the lot line abutting the street or alley where the driveway takes access.
3. Required yards and open space.
   1. No required yard or other open space allocated to one building shall be used to satisfy yard or open space requirements for any other building.
   2. The following shall not be considered to be encroachments on yard requirements:
      1. Structural or decorative building elements, provided they do not extend more than 2 feet into a yard;
      2. Yard lights and name plate signs;
      3. Terraces, steps, and similar structures, which are setback a minimum of 5  feet from any side lot line and/or 10 feet from the rear property line; and
      4. Decks which do not exceed 5 feet in height from the ground to the bottom of the floor joists measured at the building wall, which are setback a minimum of 5 feet from any side lot line and/or 10 feet from the rear property line, except in the Old Shakopee Residential (R1-C) Zoning District when the setback from the side lot line is 3 feet on one side and 7 feet on the other side. Decks located in the Low-Density Residential (R-1A), Urban Residential (R-1B), Old Shakopee Residential (R-1C), Medium- Density Residential (R-2) Zoning Districts, and townhouse structures located in any zoning district, which exceed 5 feet in height, shall be allowed to be located 10 feet closer to the rear property line than is required by the design standards of the zoning district in which the deck is located. Double frontage lots (lots with frontage on 2 parallel streets), shall be excluded from this provision due to the additional depth required of these lots.
   3. Buildings may be excluded from side yard requirements if party walls are utilized, and the adjacent buildings are planned to be constructed as an integral structure.
4. Utility services. Utility services and utility service structures are exempt from the application of this chapter when located within public easements.
5. Number of buildings per lot. Only one principal building shall be located on a lot, unless the lot is subject to a planned unit development or has a conditional use permit for a development containing more than one principal structure per lot.
6. Project review. Land use applications (including, but not limited to, conditional use permits, variances, re-zonings, and planned unit developments) shall be accepted by the city for property that is the subject of an environmental assessment worksheet (EAW) or environmental impact statement (EIS), but said land use application shall be incomplete due to the environmental review and shall not be processed or reviewed by the City Council, or the city’s boards or commissions, until such time as the EAW or EIS review process has been completed.
7. Criteria for granting a home occupation.
   1. Application for a home occupation shall be made to the Zoning Administrator.
   2. An application, meeting all of the following criteria, shall be granted approval upon administrative review by the Zoning Administrator:
      1. The activity does not involve warehousing, except incidental storage of merchandise offered for sale in connection with the home occupation;
      2. The home occupation may be carried on by persons residing in the dwelling unit and not more than one employee who does not reside in the dwelling unit;
      3. Shall provide off-street parking for the employee;
      4. All material or equipment shall be stored within an enclosed structure;
      5. Objectionable noise, vibration, smoke, dust, electrical disturbances, odors, heat, glare, or other nuisance factors shall not be discernible at the property line;
      6. The home occupation shall not create excessive automobile traffic within the neighborhood;
      7. Shall not have any receipt or delivery of merchandise, goods, or supplies except through the U.S. mail, similar parcel delivery service, or personal vehicles not exceeding one ton; and
      8. May have outside off-street parking of no more than one commercial vehicle or vehicle identified for business purposes, not to exceed one ton capacity which is used for both personal and business transportation. The vehicle shall be owned by and registered to an occupant of the property and parked in a screened location; and
      9. Shall meet the zone’s off-street parking requirements for all vehicles.
   3. In addition to the above criteria, a home occupation permit for the temporary care, keeping, boarding, of dogs not owned by the resident of the home must also meet the following criteria.
      1. No resident shall operate an in-home dog daycare or boarding facility without first obtaining a permit. The permit shall be renewed annually, and shall be subject to inspection and review by City staff;
      2. A permit is required whether or not compensation is received, including arrangements through online platforms or similar services;
      3. A maximum of four (4) dogs, excluding the operator’s own household pets, may be boarded or cared for on the premises at any one time.;
      4. Outdoor Activity shall be limited to the rear yard or fenced area of the property if the location has one;
      5. If the home is an apartment or other type of housing without a yard and rented, the landlord shall be made aware of the business;
      6. These rules do not supersede any HOA rules that may limit the number of dogs or businesses at a residence.
      7. Dogs shall not be left outdoors unattended which can include video surveillance or personal attendance;
      8. Continuous barking or noise disturbances for more than three minutes shall constitute a permit violation;
      9. Dogs being dropped off and picked up shall be leashed and under control of the owner.
      10. Dog drop off and pick up shall be limited to 7:00 AM – 9:00 PM;
      11. Overnight boarding is permitted, provided the total number of days does not exceed 180 days per calendar year;
      12. The operator shall provide adequate off-street parking for client drop off and pick up;
      13. No on-street stacking or congestion shall be permitted;
      14. Proof of current vaccinations (i.e., rabies, distemper, Bordetella) shall be required for all boarded dogs;
      15. Operators shall maintain record of all animals boarded and make such records available to the City upon request including number of non-owner dogs on premise, copies of vaccinations for those dogs;
      16. Sick or aggressive animals shall not be boarded;
      17. Commercial Kennels or Large-Scale dog boarding facilities are prohibited in single-family residential zoning districts;
      18. Breeding or the sale of dogs as a part of a home occupation is prohibited
8. Temporary family health care dwellings. Temporary family health care dwellings as defined by Minnesota State Statutes shall be prohibited in all zoning districts.
9. Sidewalks:
   1. A concrete sidewalk complying with City Engineering Department Design Detail and at least five feet in width shall be provided on at least one side of all newly constructed residential streets.
   2. All multi-family, institutional, commercial, and industrial buildings must have a sidewalk or trail connection to their main entrance from existing or planned sidewalks or trails adjacent to their site.
      
10. Standards Relating to Bluffs.
    
    1. Placement of structures on lots.
       
       1. Structures must be setback 30 feet from the top of bluff.
          
       2. Structures and accessory structures, except stairways and landings, must not be placed within bluff impact zones.
          
       3. Fences are not considered accessory facilities.
          
    2. Stairways, lifts, and landings. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes. Stairways and lifts must meet the following design requirements:
       
       1. Stairways and lifts must not exceed 4 feet in width on residential lots. Wider stairways may be used for commercial properties, public open-space recreational properties, and planned unit developments;
          
       2. Landings for stairways and lifts on residential lots must not exceed 32 square feet in area. Landings larger than 32 square feet may be used for commercial properties, public open-space recreational properties, and planned unit developments;
          
       3. Canopies or roofs are not allowed on stairways, lifts, or landings;
          
       4. Stairways, lifts, and landings may be ether constructed above the ground on posts or pilings, or placed into the ground; provided, they are designed and built in a manner that ensures control of soil erosion;
          
       5. Stairways, lifts, and landings must be located in the most visually inconspicuous portions of lots, during leaf-on conditions, whenever practical.
          
    3. Vegetation alterations.
       
       1. Intensive vegetation clearing within the bluff impact zones and on steep slopes s not allowed. Intensive vegetation clearing for forest land conversion to another use outside of these areas is allowable as a conditional use if an erosion control and sedimentation plan is developed and approved by the soil and water conservation district in which the property is located.
          
       2. In bluff impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruning, and trimming of trees is allowable o provide a viewshed from the principal dwelling site and to accommodate the placement of stairways, and landings, picnic areas, access paths, livestock watering areas; provided, that;
          
          1. The screening of structures, vehicles, or other facilities, assuming summer, leaf-on condition, is not substantially reduced; and
             
          2. The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards.
             
    4. Topographic alterations/grading and filling.
       
       1. Grading and filling and excavations necessary for the construction of structures , sewage treatment systems, and driveways under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit; however, the grading and filling standards in this subchapter must be incorporated into the issuance of permits for construction of structures, sewage treatment systems, and driveways.
          
       2. Public roads and parking areas are regulated by division (5) below.
          
       3. A grading and filling permit will be required for:
          
          1. The movement of more than 10 cubic yards of material on steep slopes or within shore or bluff impact zones; or
             
          2. The movement of more than 50 cubic yards of material outside of steep slopes and shore and bluff impact zones; or
             
          3. The disturbance of 5,000 square feet or more surface soils or vegetation.
             
       4. Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible; while preserving existing drainage patterns and prohibiting land disturbing activities that create new water discharge points on steep slopes or along the bluff.
          
       5. Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible;
          
       6. Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used;
          
       7. Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and water conservation districts and the U.S. Soil Conservation Service;
          
       8. Fill or excavated material must not be placed in a manner that creates an unstable slope;
          
       9. Plans to place fill or excavated material on steep slopes must be reviewed y qualified professionals for continued slope stability and must not create finished slopes of 30% or greater;
          
       10. Fill or excavated material must not be placed in bluff impact zones;
           
       11. Alterations of topography must only be allowed if they are accessory to permitted or conditional uses and so not adversely affect adjacent or nearby properties; and
           
       12. Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed 3:1 feet horizontal to vertical, the landward extent of the riprap is within 10 feet of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed 3 feet.
           
       13. The construction of stormwater ponds, swales, and infiltration basins in addition to other improvements involving soil saturation, such as sewage treatment systems are prohibited along bluffs and within the bluff impact and setback zones.
           
    5. Placement and Design of Roadways and Driveways.
       
       1. Roads, driveways, and parking areas must meet structure setbacks and must not be placed within bluff impact zones, when other reasonably and feasible placement alternatives exist. If no alternatives exist, they may be placed within these areas, and must be designed to minimize adverse impacts.
          
11. Table of Uses.

    RESIDENTIAL ZONES
    A = Accessory Use C = Conditional Use P = Permitted Use PUD = Planned Urban Development Numbers in superscript indicate additional conditions for approval of use. These conditions are found in City Code § 151.07. K
    USE CLASSIFICATION (proposed)	AG	RR	SRR	R1A	R1B	R1C	R2	PRD	R3	R4	PO
    Accessory Structures	A	A	A	A	A	A	A	A	A	A	A
    Accessory Structures Oversized1						C
    Adult daycare center serving 12 or fewer persons2	P	P	P	P	P	P	P	P	P	P
    Adult daycare center serving 13 or more persons3	C	C	C	C	C	C	C	C	C	C
    Agricultural research facilities 5	C
    Agricultural uses (Crops)	P	A
    Agricultural Uses (Poultry and Bees)	P	A	A	A	A	A	A	A
    Agricultural Uses (Livestock)	P
    Apartment leasing offices and community rooms								A	A	A
    Assisted living housing facility	P	P	P	P	P	P	P	P	P	P
    Bed and breakfast inns7	C	C	C	C	C	C	C	C	C
    Cemeteries11	C
    Columbaria, when associated with a place of worship or mortuary	C	C	C	C	C	C	C	C	C	C
    Commercial feedlots12	C
    Commercial recreation, minor14	C	C									P
    Communication service apparatus/devices when co-located	A	A	A	A	A	A	A	A	A	A	A
    Community commercial development as allowed under § 151.039 and according to the design standards contained therein								C
    Daycare facilities serving 12 or fewer persons	P	P	P	P	P	P	P	P	P	P
    Daycare facilities serving 13 or more persons17								C	C	C
    Daycare facilities serving 13 - 16 persons17	C	C	C	C	C	C	C	C	C	C
    Decorative landscape features	A	A	A	A	A	A	A	A	A	A	A
    Fences	A	A	A	A	A	A	A	A	A	A	A
    Gardening and other horticultural uses not involving retail sales	A	A	A	A	A	A	A	A	A	A	P
    Group family daycare facilities serving 14 or fewer children	P	P	P	P	P	P	P	P	P	P
    Home occupations contingent upon approval of a home occupation permit	A	A	A	A	A	A	A	A	A	A
    Kennels29	C
    Machinery, structures and silos necessary to the conduct of agricultural operations	A	A
    Multiple-family dwellings							C	C	P	P
    Other accessory uses as determined by the Zoning Administrator	A	A	A	A	A	A	A	A	A	A	A
    Place of Worship/Religious Assembly Hall35	C	C	C	C	C	C	C	C	C	C
    Plant Nurseries37	P
    Private garages or off-street parking	A	A	A	A	A	A	A	A	A	A	A
    Public or private schools for grades K - 1238	C	C	C	C	C	C	C	C	C
    Public recreation								A	A	A	P
    Receive only satellite dish antennas and other antenna devices less than the maximum height of the zone	A	A	A	A	A	A	A	A	A	A
    Recreational equipment, swimming pools, tennis courts and other recreational sport courts	A	A	A	A	A	A	A	A	A	A	P
    Relocated Structures40	P	P	P	P	P	P	P	P	P	P	P
    Residential facilities serving 6 or fewer persons	P	P	P	P	P	P	P	P	P	P
    Residential facilities serving 7 - 16 persons42	C	C	C	C	C	C	C	C	C	C
    Retail sales of nursery and garden supplies	C
    Seasonal Sales Stands60	P	A
    Seasonal sales stands when the principal use of the property is agricultural47	P	A
    Short term lodging rentals, a short term lodging rental is defined as an owner occupied rental dwelling, whether rented partially or entirely for a term less than 30 days at a time and is rented for no more than a total of 60 days in a calendar year	A	A	A	A	A	A	A	A	A	A
    Single-family attached dwellings (townhouses)							P	P	P
    Single-family attached dwellings up to a maximum of 2 dwellings (duplexes/twinhomes)						P
    Single-family detached dwellings	P	P	P	P	P	P	P	P	P
    Solar equipment	A	A	A	A	A	A	A	A	A	A
    Stables	A
    Stables with not more than 2 horses per 2.5 acres		A
    Structures greater than 35 feet in height48	C	C	C	C	C	C	C	C	C		C
    Structures greater than 45 feet in height48										C	C
    Temporary construction buildings	A	A	A	A	A	A	A	A	A	A
    Towers for commercial wireless telecommunications services49											C
    Utility service structures50	P	P	P	P	P	P	P	P	P	P	P
    Utility service structures, electrical substations51	C	C	C	C	C	C	C	C	C	C	C
    Utility service structures, lift stations51	P	P	P	P	P	P	P	P	P	P	P
    Utility service structures, water towers52	C	C	C	C	C	C	C	C	C	C	C
    Wind energy conversion systems (WECS)or windmills52	C	C	C	C	C	C	C	C	C	C	C

    
    

    COMMERCIAL AND INDUSTRIAL DISTRICTS
    A = Accessory Use C = Conditional Use P = Permitted Use PUD = Planned Urban Development Blank = Not Permitted Numbers in superscript indicate additional conditions for approval of use. These conditions are found in City Code §151.007 K.
    USE CLASSIFICATION (proposed)	B-1	B-2	B-3	NC	MR	CC	I-1	I-2	BP
    Administrative, executive and professional offices	P	P	P	P	P	P	P	P	P
    Adult daycare centers serving 12 or fewer persons2	P	P	P	P	P	P
    Adult daycare centers serving 13 or greater persons3	C	C	C	C	C	C
    Adult Establishments4								P
    Animal hospitals and veterinary clinics6	C	C	C	C	C	C	C	C
    Apartment leasing offices and community rooms	A		A		A
    Banks and financial institutions	P	P	P	P	P	P
    Bed and breakfast inns7	C		C	C
    Brewery9							P	P	P
    Brewery, small9	P					P	P	P	P
    Brewery, small with taproom9	P		P	P	P	P	P	P	P
    Brewery, with taproom9					P		P	P	P
    Brewpub9	P		P	P	P	P
    Cannabis Cultivator61							P	P
    Cannabis Delivery Service61							P	P
    Cannabis Manufacturer61							P	P
    Cannabis Mezzobusiness62							P	P
    Cannabis Microbusiness62	P		P		P	P	P	P
    Cannabis Retailer64	P				P	P
    Cannabis Testing Facility61							P	P	P
    Cannabis Transporter61							P	P
    Cannabis Wholesaler61							P	P
    Car washes10	C			C		C
    Colleges and Universities	C	C	C	C	C	C	C	C	C
    Columbaria, when associated with place of worship/funeral home	C	C	C	C	C	C
    Commercial recreation, major13					P
    Commercial recreation, minor14	C		C	C	P	C
    Communication service apparatus/devices when co-located15	A	A	A	A	A	A	A	A	A
    Concrete or asphalt plants16								C
    Contractor's supply yards								P
    Crematorium								C
    Daycare facilities17	P	P	P	P	P	C	C	C	A
    Distribution Facilities							P	P
    Distilleries18							P	P	P
    Distillery, micro18	P				P	P	P	P	P
    Distillery, micro with tasting room18	C		C				C	C
    Drive up or drive through windows 19	P		P	P	P	P
    Drive Through as Principal Use19	C			C	C	C
    Existing Dwellings20	P		P
    Exhibit spaces and interpretive centers	P	P	P	P	P	P			P
    Exterior storage21							C	C
    Farm winery22	C				C	C	P	P
    Farm winery, with tasting room22			C				C	C
    Fences	A	A	A	A	A	A	A	A	A
    Fuel stations23	C	A	A	C	A	C	A	A	A
    Fuel Station, Industrial24								C
    Funeral homes	C			C		C
    Gardening and other horticultural uses not involving retail sales	A	A	A	A	A	A	A	A	A
    Grain elevators25								C
    Health and athletic facilities	P	P	P	P	P	P		A	A
    Heliports26		C					C	C	C
    Horse care uses27					P
    Hospitals28		C
    Hotels and motels	P		P	C	P	C
    Housing designed to serve persons with disabilities	C		C
    Landscaping services and other contractors30							C	P
    Lower-Potency Hemp Edible Manufacturer63							P	P
    Lower-Potency Hemp Edible Retailer64	P		P	P	P	P
    Manufacturing, fabrication, processing, research laboratories, assembly, warehousing, wholesaling, storage operations and research laboratories that fit within one of the mandatory EIS categories under MN Rules 4410.440032								C
    Manufacturing, fabrication, processing, research laboratories, assembly, warehousing, wholesaling, storage operations and research laboratories except those that fit within one of the mandatory EIS categories under MN Rules 4410.440031							P	P	P
    Massage Establishments33	C
    Medical Cannabis Combination Business51							P	P
    Medical Office and Dental Clinics	P	P	P	P	P	P	A	A	P
    Mixed Use Developments	P		P	P	P	P
    Motor freight terminals								P
    Multiple-family dwellings	P		P	P	P	P	C	C	C
    Other accessory uses as determined by the Zoning Administrator	A	A	A	A	A	A	A	A	A
    Outdoor Cafes34			A
    Pet Daycare and Boarding Facilities35	C						C	C
    Place of Worship/Religious Assembly Hall36	C	C	C	C	C
    Private garages or off-street parking	A	A	A	A	A	A	A	A	A
    Private lodges or clubs	P		P	P	P	P
    Public buildings and facilities	P	P	P	P	P	P	P	P	P
    Public or Private Schools for grades K-1237	P	P							C
    Public recreation									A
    Receive only satellite dish antennas and other antenna devices	A	A	A	A	A	A	A	A	A
    Recreational equipment, swimming pools, tennis courts and other recreational sport courts	A	A	A	A	A	A	A	A	A
    Recycling or composting facilities39								C
    Residences for security personnel41							A	A	A
    Restaurants (Class I and II) and taverns that have an outdoor patio or congregation area that customers are allowed to use after 10:00 p.m. and where the nearest point of the property on which the restaurant is located is within less than 100 feet from the nearest point where a residential use is located43	C		C	C	C	C
    Restaurants (Class I and II) and taverns, except those having an outdoor patio or congregation area that customers are allowed to use after 10:00 p.m. and where the nearest point of the property on which the restaurant is located is within less than 100 feet from the nearest point where a residential use is located	P		P	P	P	P
    Retail centers44	PUD
    Retail and services serving the general public	P	A	P	P	P	P
    Relocated Structures	P	P	P	P	P	P	P	P	P
    Retail sales of heavy industrial, manufacturing or construction machinery or equipment								P
    Retail sales of products, manufactured, fabricated, assembled45							A	A	A
    Seasonal sales stand of farm produced items such as fruits, vegetables and Christmas trees with prior review and written approval from the Zoning Administrator or designee46	A	A	A	A	A	A
    Seasonal sales stand of non-farm produced items46	A	A	A	A	A
    Self storage facilities48							C
    Short-term lodging rentals, a short-term lodging rental is defined as an owner occupied rental dwelling, whether rented partially or entirely for a term less than 30 days at a time and is rented for no more than a total of 60 days in a calendar year	A		A		A	A
    Silos and fuel/gas storage tanks that do not exceed the height requirements of the specific zoning district							A	A	A
    Solar equipment	A	A	A	A	A	A	A	A	A
    Structures over 45 feet in height49	C			C		C
    Structures over 55 feet in height49		C	C				C	C	C
    Structures over the height allowed based on their setback49					C
    Taverns	P		P		P
    Temporary construction buildings	A	A	A	A	A	A	A	A	A
    Theaters	P		P		P
    Antennas for commercial wireless telecommunication services when co-located50	A	A	A	A	A	A	A	A	A
    Towers for commercial wireless telecommunication services50							A	A
    Utility service structures51	P	P	P	P	P	P	P	P	P
    Utility Service Structures: Substations52							C	C
    Utility Service Structures: Lift Stations52	P	P	P	P	P	P	P	P	P
    Utility Service Structures: Water Towers53	C	C	C	C	C	C	C	C	C
    Vehicle rental54	C
    Vehicle rental, commercial54	C						P	P
    Vehicle sales, auction55								C
    Vehicle sales, new57	C					C
    Vehicle sales, used56							C
    Vehicle sales, used, but only if the business is on the same site as a new vehicle sales business authorized by the manufacturer57	C
    Vehicle service or repair58	C						C	C
    Warehousing and wholesaling							P	P
    Wind energy conversion systems (WRCS) or windmills59	C	C	C	C	C	C	C	C	C
    Wineries							P	P	P

    1. Accessory structures over the specified size in the Old Shakopee Residential (R-1C) Zone.
       
       1. Shall meet all setback requirements for accessory structures;
          
       2. Shall not exceed the total square footage of the principal structure;
          
       3. Shall not be used for any commercial or leased storage use;
          
       4. Shall not impede or alter the natural drainage flow;
          
       5. Shall not increase runoff to neighboring properties;
          
       6. Shall provide a survey showing spot elevations and location of all structures both existing and proposed;
          
       7. Shall provide a scaled elevation of the proposed structure; and
          
       8. Architecture and exterior materials must be compatible with the principal structure and neighboring properties.
          
    2. Adult Daycare Centers Serving 12 or Fewer Persons.
       
       1. Serve 12 or fewer persons;
          
       2. Provide proof of an adequate water and sewer system if not served by municipal utilities;
          
       3. Have outdoor leisure/recreation areas located and designated to minimize visual and noise impacts on adjacent areas;
          
       4. The total indoor space available for use by participants must equal at least 40 square feet for each day care participant and each day care staff member present at the center. When a center if located in a multi-functional organization if the required space available for use by participants is maintained while the center if operating.
          
          1. In determining the square footage of usable indoor space available, a center must not count;
             
             1. Hallways, stairways, closets, offices, restrooms, and utility and storage areas;
                
             2. More then 255 of the space occupied by the furniture or equipment used by participants or staff; or
                
             3. In a multi-functional organization, any space occupied by persons associated with multi-functional organization while participants are using common space.
                
       5. Comply with all other state licensing requirements,
          
    3. Adult Daycare Centers Serving 13 or More Persons.
       
       1. Serve 13 or more persons;
          
       2. Provide proof of an adequate water and sewer system if not served by municipal utilities;
          
       3. Have outdoor leisure/recreation areas located and designed to minimize visual and noise impacts on adjacent areas;
          
       4. The total indoor space available for use by participants must equal at least 40 square feet for each day care participant and each day care staff member present at the center. When a center is located in a multi-functional organization, the center may share a common space with the multi-functional organization if the required space available for use by participants is maintained while the center is operating.
          
       5. In determining the square footage of usable indoor space available, a center must not count:
          
          1. Hallways, stairways, closets, offices, restrooms, and utility and storage areas;
             
          2. More then 25% of the space occupied by the furniture or equipment used by participants or staff; or
             
          3. In a multi-functional organization, any space occupied by persons associated with the multi-functional organization while participants are using common space;
             
       6. Provide proof of state, federal, and other governmental licensing agency approval; and
          
       7. Comply with all other state licensing requirements.
          
    4. Adult Establishments.
       
       1. Must follow the guidelines and regulations as established by City Code Section 130.67.
          
    5. Agricultural Research Facilities.
       
       1. Shall provide evidence that the research facility's work will not present a hazard to plants or animals on adjacent properties; and
          
       2. Shall screen all exterior storage from any adjacent residential uses;
          
    6. Animal Hospitals and Veterinary Clinics.
       
       1. Shall not be located closer than 400 feet to any residential zone;
          
       2. Shall submit a plan for the disposal of all wastes; and
          
       3. Shall have all animals attended and leashed during exercise runs;
          
    7. Bed and Breakfast Inns.
       
       1. Shall meet all requirements of the State Department of Health;
          
       2. If providing meals, shall serve them only to guests renting a room;
          
       3. Shall provide off-street parking which is screened in accordance with 151.105 through 151.125; and
          
       4. Shall be the residence of the owner or operator;
          
    8. Boathouses.
       
       1. Shall not be designed or used for human habitation;
          
       2. Shall not contain sanitary facilities;
          
       3. Shall be setback a minimum of 10 feet from the ordinary high water level;
          
       4. Shall not occupy an area greater than 250 square feet;
          
       5. Shall be constructed or screened to reduce visibility from public waters and adjacent shorelands through the use of vegetation, topography, color, or increased setback assuming summer leaf-on conditions; and
          
       6. If located on shorelands adjacent to recreational development waterbodies, shall not occupy an area greater than 400 square feet. The width of the structure shall not exceed 20 feet as measured parallel to the shoreline.
          
    9. Breweries.
       
       1. Waste products must be disposed of in a timely manner and in such a way to reduce odors; and
          
       2. The operator must supply the Planning Department with annual production reports.
          
    10. Car Washes.
        
        1. Shall be located adjacent to an arterial street as identified in the comprehensive Plan;
           
        2. Shall be screened from view from residential zones;
           
        3. Shall utilize a water conservation or recovery system; and
           
        4. Shall provide stacking for at least 3 vehicles per aisle. The required stacking shall not interfere with internal circulation patterns or with designated parking facilities, and shall not be located in any public right-of-way, private access easement or within the required parking setback.
           
    11. Cemeteries.
        
        1. Shall have a minimum lot size of 5 acres;
           
        2. Shall be located adjacent to an arterial or collector street as identified in the Comprehensive Plan; and
           
        3. Shall be screened to a height of 3 feet.
           
    12. Commercial Feedlots.
        
        1. Shall be a minimum of 1,320 feet from any residential zone other than Agricultural Preservation (AG); and
           
        2. Shall comply with all requirements of the State Pollution Control Agency with regard to the disposal of waste.
           
    13. Commercial Recreation, Major
        
        1. Shall be located adjacent to an arterial or collector street as identified in the comprehensive plan; and
           
        2. Shall have all parking screened from adjacent residential zones.
           
    14. Commercial Recreation, Minor
        
        1. Shall limit hours of operation between 6;00 a.m. and 11:00 p.m.;
           
        2. Shall have no facilities outside a building;
           
        3. Shall be located adjacent to an arterial or collector street as identified in the Comprehensive plan; and
           
        4. Shall have all buildings setback 50 feet from all property lines.
           
    15. Communication Service Apparatus/Devices when co-located.
        
        1. Shall be co-located on an existing tower or an existing structure;
           
        2. Must nor exceed 175 feet in total height (including the extension of any communication service devices(s) apparatus;
           
        3. Lights and/or flashing equipment equipment shall not be permitted unless required by state or federal agencies;
           
        4. Signage shall not be allowed on the communication service device(s)/apparatus other than danger or warning type signs;
           
        5. Must provide proof from a professional engineer that the equipment will not interfere with existing communications for public safety purposes;
           
        6. Shall be located and have an exterior finish that minimizes visibility off-site to the maximum extent possible;
           
        7. Applicable provisions of this code of ordinances, including the provisions of the State Building Code therein adopted, shall be complied with;
           
        8. All obsolete or unused towers and accompanying accessory facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the city. After the facilities are removed, the site shall be restored to its original or an approved state. The user of the tower and/or accompanying accessory facilities shall be responsible for the removal of facilities and restoration of the site;
           
        9. The applicant shall submit a plan illustrating all anticipated future location-sites for communication towers and/or communication devices(s)/apparatus;
           
        10. Wireless telecommunication towers and antennas will only be considered for city parks when the following conditions exist and if those areas are recommended by the Parks and Recreation Advisory Board and approved by the City Council:
            
            1. City parks of sufficient size and character that are adjacent to an existing commercial or industrial use; or
               
            2. Commercial recreation areas and major play fields used primarily by adults.
               
        11. All revenue generated through the lease of a city park for wireless telecommunication towers and antennas should be transferred to the Park Reserve Fund.
            
    16. Concrete or asphalt plants. Concrete or asphalt plants shall not be located closer than 500 feet to any residential zone.
        
    17. Day Care Facilities serving 13 or more persons.
        
        1. Shall have drop-off and pick-up areas located outside of the public right-of-way, and designed to enhance vehicular and pedestrian safety;
           
        2. Shall have outdoor play areas located and designed to minimize visual and noise impact on adjacent residential uses; and
           
        3. Shall be on a site served by public water and sanitary sewer.
           
    18. Distilleries.
        
        1. Waste products must be disposed of in a timely manner and in such a way to reduce odors;
           
        2. Outdoor seating areas are to operate no later than 10:00 p.m.; and
           
        3. The operator must supply the Planning Department with annual production reports.
           
    19. Drive up or Drive Through Window.
        
        1. Shall be screened to a height of 6 feet from any adjacent residential zone;
           
        2. Shall not have a public address system which is audible from any residential property;
           
        3. Shall provide stacking for at least 6 vehicles per aisle. The required stacking shall not interfere with internal circulation patterns or with designated parking facilities, and shall not be located in any public right-of-way, private access easement, or within the required parking setback; and
           
        4. Trash receptacles, including, but not limited to, dumpsters, shall be stored in fully enclosed areas, including the top. The enclosed areas shall shall be constructed of similar and/or complementary materials to the principal structure and meet the standards of this code of ordinances.
           
    20. Existing Dwellings.
        
        1. Dwellings when combined in the same structure with another permitted use within the Highway Business Zone (B-1) along the County Road 69/State Highway 101/First Avenue corridor west of County Road 17/Marschall Road and east of Webster Street or a line running northwesterly along the eastern boundary of the Webster Street right-of-way.
           
    21. Exterior Storage.
        
        1. Shall be screened from all public right-of-way and residentially zoned land, with an opaque fence, wall or berm not to exceed 8 feet in height, constructed of new materials, and maintained in good condition;
           
        2. Shall not be more than 50% of the lot area;
           
        3. Shall not be located closer than 300 feet to any residential zone; and
           
        4. Shall be surfaced entirely with asphalt, concrete or Class 5 aggregate.
           
    22. Farm Wineries.
        
        1. Waste products must be disposed of in a timely manner and in such a way to reduce odors;
           
        2. Outdoor seating areas are to operate no later than 10:00 p.m.; and
           
        3. The operator must supply the Planning Department with annual production reports.
           
    23. Fuel Stations.
        
        1. Shall be screened from any adjacent residential zone;
           
        2. Shall not store any vehicles which are unlicensed and inoperable on the premises, except in appropriately designed and screened storage areas;
           
        3. Shall conduct all repair, assembly, disassembly, and maintenance of vehicles within a building, except minor maintenance such as tire inflation, adding oil, and wiper replacement;
           
        4. Shall not have a public address system which is audible from any residential property;
           
        5. Shall provide stacking for gas pumps for at least one car beyond the pump island in each direction in which access can be gained to the pump. The required stacking shall not interfere with internal circulation patterns or with designated parking facilities, and shall not be located in any public right-of way, private access easement, or within the required parking setback;
           
        6. Shall not sell, store, or display any used vehicles; and
           
        7. May have a canopy which protects up to 10 feet into the required front or rear yard setback. The setback shall be maintained clear of all obstructions up to a height of 13 feet. the canopy shall have a maximum vertical thickness of 3 feet. The canopy shall have a maximum height of 18 feet.
           
    24. Fuel Stations, Industrial.
        
        1. Time-fill operations shall be limited to a single user/business in a secured, access controlled parking area;
           
        2. Fast-fill operations shall be limited to commercial fleet fueling of commercial vehicles;
           
        3. Site lighting must be installed pursuant to City Code requirements for lighting;
           
        4. Station equipment must be monitored at all times, such monitoring may occur off-site if the monitoring program is approved by the Zoning Administrator and Fire Department;
           
        5. Station must incorporate fire detection monitoring systems with automatic shut-off;
           
        6. Fueling station infrastructure must be screened from view from public right-of-way and adjacent properties;
           
        7. Landscaping and screening shall be designed and installed in accordance with Section 151 and the City Forestry Specifications Manual;
           
        8. Gasoline and Diesel fuel are not permitted fuels;
           
        9. Shall not store any vehicles which are unlicensed or inoperable on the premises;
           
        10. Time-fill operations shall be performed in a secure area. Barbed wire, concertina/razor wire fencing is not a permitted fencing material;
            
        11. Shall provide stacking for quick-fill fueling for at least one vehicle/trailer beyond the fueling island in each direction in which access can be gained to the fueling island. The required stacking shall not interfere with internal circulation or with designated parking facilities, and shall not be located in any public right-of-way, private access easement or within the required parking setback;
            
        12. Shall not sell, store, or display any vehicles for sale;
            
        13. May have a canopy which protects up to 10 feet into the required front or rear yard setback. The setback shall be maintain clear of all obstructions up to a height of 16 feet. The canopy shall have a maximum vertical thickness of 4 feet and have a maximum height of 20 feet. The visible portion of the columns/supports of the canopy shall be constructed out of brick. Canopy light sources shall be mounted flush with the bottom of the canopy.
            
        14. Fuel stations must receive all applicable licenses/registration from Scott County Environmental Health/Minnesota Pollution Control Agency and provide the City a copy of the license/registration;
            
        15. Fuel stations must follow all requirements of the Minnesota State Fire Code and the National Fire Protection Association.
            
        16. Fuel station sites and fueling areas must be paved with a material suitable for the specific fuel type and designed for use by commercial vehicles.
            
        17. Minor fleet vehicle maintenance services as tire inflation, tire rotation/repair, wiper blade replacements, oil changes, light bulb replacements and other minor routine maintenance are permitted only within the secure time-fill operations area by a contracted mobile vehicle service provider. A mobile service provider must receive all applicable licenses/registration from Scott County Environmental Health/Minnesota Pollution Control Agency as applicable and provide and receive City approval of a hazardous materials plan and the mobile service provider's service contract listing specific repairs to be performed. Vehicle service on-site must comply with the noise ordinance and permitted working hours for power equipment established by City Code Section 130.45.
            
    25. Grain Elevators.
        
        1. Shall have all loading spaces located at least 300 feet from any residential zone; and
           
        2. Shall provide a safety plan satisfactory to the Fire Chief to be followed in the event of fire or explosion.
           
    26. Heliports.
        
        1. Shall establish and utilize departure routes over nonresidential areas to the maximum extent possible;
           
        2. Shall not be located on a lot or parcel of land within 500 feet of any residential zone; and
           
        3. Shall have a dust free landing strip or pad.
           
    27. Horse Care Uses
        
        1. Shall not be located closer than 400 feet to any residential zone; and
           
        2. Shall submit a plan for the disposal of all wastes.
           
    28. Hospitals.
        
        1. Shall not be located closer than 400 feet to any residential zone;
           
        2. Shall have direct access to a collector or arterial street as identified in the comprehensive plan;
           
        3. Shall have parking facilities setback 15 feet from streets and nonresidential property, and 25 feet from residential property;
           
        4. Shall have an impervious surface percent of no more than 70%, and the remainder of the site shall be suitably landscaped; and
           
        5. Shall not have any emergency vehicle access adjacent to or located across a street from any residential use.
           
    29. Kennels.
        
        1. Shall submit a plan for the disposal of all waste; and
           
        2. Shall have all animals attended and leashed during exercise runs.
           
    30. Landscaping Services and Contractors.
        
        1. Shall promptly remove any diseased or dead plant materials, and dispose of them in a sanitary manner;
           
        2. Shall store all equipment at least 100 feet from any residential zone; and
           
        3. Shall screen all equipment from any adjacent residential zone.
           
    31. Manufacturing, Fabrication, and the like within an enclosed building. Manufacturing, fabrication, processing, and assembly conducted entirely with an enclosed building, except those involving a project that fits within one of the Mandatory EIS Categories under MN Rules 4410.4400.
        
        1. Shall meet all federal, state, and city health code requirements;
           
        2. shall meet all federal, state, and city environmental code requirements;
           
        3. Shall not begin operation until any applicable environmental review, including an environmental assessment worksheet or an environmental impact statement is completed, and all mitigation measures incorporated into the use. Any construction prior to the completion of the environmental review and incorporation of all mitigation measures is at the applicant's risk;
           
        4. Shall provide the city with information regarding the nature and location of all explosive materials, and keep such information current;
           
        5. Shall not require isolation from residential or business uses;
           
        6. Shall be buffered, if necessary, to protect adjacent uses; and
           
        7. Shall not cause a public nuisance such as noise, odor, smoke, dust, dirt, vibration, or heat, or attract insects.
           
    32. Manufacturing, Fabrication, and the like generally. Manufacturing, fabrication, processing, assembly, and storage operations, and research laboratories, that fit within one of the Mandatory EIS Categories under MN Rules 4410.4400.
        
        1. Shall meet all federal, state, and city health code requirements;
           
        2. Shall meet all federal, state and city environmental code requirements;
           
        3. Shall not begin operation until the environmental impact statement is complete and all mitigation measures incorporated into the use. Any construction prior to the completion of the environmental impact statement and incorporation of all mitigation measures is at the applicant's risk; and
           
        4. Shall provide the city with information regarding the nature and location of all explosive materials and keep such information current.
           
    33. Massage Establishments.
        
        1. Operation and operators must meet all requirements in City Code Chapter 116 prior to application;
           
        2. Shall have windows and doors facing the primary street address which are transparent and allow visibility into the establishment, except for signage as permitted by the city sign code; and
           
        3. Shall be evoked for any violation of City Code Chapter 116.
           
    34. Outdoor Cafes.
        
        1. Permit and Licensure.
           
           1. A special annual license for an outdoor cafe shall be issued/renewed. The fee for such license shall be established in the city fee schedule and shall be issued by the City administrator or their appointee only after inspection by the Planning and Development Department.
              
           2. The annual license application for the license must define the physical perimeters for the outdoor cafe area and provide a diagram of the layout, pictures of the proposed furnishings, and the perimeter boundary.
              
           3. Of alcoholic beverages, beer and/or wine are proposed to be served in the outdoor cafe area, it is the responsibility of the applicant to amend its liquor license, so the licensed premises include the outdoor cafe area.
              
           4. The license application must include the evidence of liability insurance and the hold harmless agreement required by this section.
              
           5. An outdoor cafe is not permitted accessory use to a residence or a business selling beer, wine, or alcoholic beverages which does not have an on-sale license.
              
           6. Permits are good for the year that they are applied in and must be resubmitted on an annual basis.
              
        2. Functional Requirements.
           
           1. Existing and/or proposed principal use shall conform to existing city zoning regulations.
              
           2. The outdoor cafe area shall be limited to the public right-of-way or plaza abutting the front and/or one side of the permitted use when on a corner.
              
           3. Minimum clear sidewalk passage zone for pedestrians at the perimeter of the outdoor cafe area shall be at least five feet without interference from parked motor vehicles, bollards, trees, tree grates, curbs, stairways, trash receptacles, streetlights, street signs, bike racks, etc.
              
           4. Overstory canopy of tree and umbrellas extending into the pedestrian clear passage zone or pedestrian aisle shal have a minimum clearance of seven feet above the sidewalk.
              
           5. A minimum of 36 inches shall be provided within aisles of the outdoor cafe area for service if there are multiple rows.
              
           6. Furniture shall be movable to allow for seasonal changes.
              
           7. If alcoholic beverages, beer, and/or wine are to be served, patrons must be seated and be served by a server from the establishment to ensure that beverages may not leave the licensed area and that patrons are of legal drinking age. It is the sole responsibility of the permittee to ensure these rules are met to preserve its liquor license and outdoor cafe permit.
              
           8. No storage of furniture on sidewalks or rights-of-way shall be allowed between November 1 and the following March 31.
              
           9. No outside bar, cooking facility, food preparation or holding area, or wait station shall be established on the outdoor cafe area.
              
           10. Lighting is not permitted.
               
           11. Any electronically amplified outdoor music, intercom, audio speakers, or other such noise generating devices must meet applicable city and state noise regulations.
               
           12. The outdoor cafe must be closed and vacated on Sunday through Thursday between the hours of 10 PM and 7 AM on the following day but may remain open until 11 pm (opening at 7 AM on the following day) on Friday and Saturday.
               
           13. An exception to (12) may be granted for holidays by the Administrator.
               
           14. Smoking is not permitted in any portion of the outdoor cafe area.
               
           15. Furniture shall be washable: constructed of commercial grade materials such as metal or other weather resistant materials; and maintained in a safe and sanitary condition.
               
           16. Design of furnishings, outdoor cafe area layout shall be reviewed and approved by the city prior to installation.
               
        3. Liability Requirements.
           
           1. The property owner, outdoor cafe operator and the city shall enter into a hold harmless agreement, as provided by the city, exempting the city from all liability claims associated with outdoor cafe area.
              
           2. Maintenance of public right-of-way, including landscaping, for which the outdoor cafe area is located upon shall be the property owner and outdoor cafe operator's responsibility.
              
           3. Security of the outdoor cafe area shall be the responsibility of the property owner and the outdoor cafe operator.
              
           4. The city must be provided with evidence of general liability insurance in the amount of at least $1,000,000.00 naming the city as an additional insured.
              
        4. Prohibited Acts.
           
           1. Placing any items or other equipment, tables or chairs on any portion of the public property other than the permitted area.
              
           2. Block or restrict the pedestrian passageway to less than five feet in width or block ingress or egress to or from any building. No items shall be placed as to block a driveway or parking space or visibility from an intersection.
              
           3. Sublicense the encroachment area.
              
           4. place objects or barricade around the serving area.
              
           5. Use tables, chairs or umbrellas or any other objects of such quality, design, materials or workmanship that are not authorized per the Administrator. Objects must meet design criteria for durability and safety and not feature any advertising.
              
           6. Failure to secure permission of the landlord where a building has multiple occupants.
              
           7. Failure to pick up, remove and dispose of trash or refuse left by the business or its patrons on the public right-of-way.
              
           8. Failure to keep sidewalk or public right-of-way surface free of dirt, spills, grease or other materials generated by the use of the space.
              
           9. Store, park, or leave any stand or merchandise or materials overnight on any street or sidewalk except for tables and chairs which may be kept in permitted area at permittee's risk.
              
           10. The encroachment permit is a temporary license which may be denied, suspended or revoked for any conduct which is contrary to the provisions of this article or for conduct of the business in such a manner as to create a public nuisance or constitute a danger to the operators or the public's health, safety or welfare. No property right is created by this article and decision of the city administrator is final.
        5. Enforcement and Termination. In the event that any of the conditions of the special annual license pursuant to Section 50-65(2)(E) are violated, the city has authority to revoke the special annual license.
           
           1. A violation of any condition set forth in the special annual license for an outdoor cafe shall be a violation of this code. If within thirty days of written notice from the zoning administrator the violation has not been corrected, the city may pursue the following procedure to terminate the permit:
              
           2. Written notice of revocation shall be served upon the property owner and any permittee at least ten city working days prior to the special annual license being revoked.
              
           3. Notice to the property owner of record and any permittee shall be served personally or by first class mail. Such written notice of revocation shall contain the effective date of the revocation, the nature of the violation constituting the basis of the revocation, the facts which support the conclusions that a violation has occurred, and a statement that if the property owner and/or the permittee desire to appeal they must, within ten city working days, exclusive of the day of service, file a request with the city clerk for a hearing.
              
           4. The hearing request shall be in writing, stating the grounds for appeal, and served personally or received by first class mail by the city clerk at the city hall not later than 4:30 p.m. of the tenth city working day following notice of revocation.
              
           5. Following the receipt of a request for hearing, the City Council shall set a time and place for the hearing within thirty days of receipt of the hearing request.
              
           6. Following the hearing, the City Council may revoke the special annual license or impose such other remedies as it deems appropriate.
              
    35. Pet Daycare and Boarding Facilities.
        
        1. Shall not be located closer than 400 feet to any residential zone;
           
        2. All animals shall be housed or boarded indoors, and the facility shall not have outdoor boarding or confinement areas;
           
        3. All wastes shall be properly stored in either the principal building or in an attached enclosure that is constructed of materials consistent with those of the principal structure including a top; and
           
        4. If outdoor exercise facilities are provided, they shall not be on public property (whether easement, par, right-of-way, or otherwise).
           
    36. Places of Worship/Religious Assembly Halls.
        
        1. Shall be located adjacent to an arterial or collector street as identified in the Comprehensive Plan;
           
        2. Shall have parking facilities setback 15 feet from residential property;
           
        3. Shall screen parking facilities adjacent to residential property with a berm and/or landscaping to a minimum height of 3 feet; and
           
        4. Shall have an impervious surface of no more than 70%
           
    37. Plant Nurseries.
        
        1. Shall have adequate off-street parking based on the usual number of employees and customers per day;
           
        2. Shall have immediate removal and sanitary disposal of dead or diseased plant materials; and
           
        3. Shall have no overnight storage of equipment used for planting or transplanting landscaping materials.
           
    38. Public or Private Schools.
        
        1. Shall be located adjacent to an arterial or collector street as identified in the comprehensive plan or otherwise located so that access can be provided without conducting significant traffic on local residential streets;
           
        2. Shall have all buildings setback 25 feet from all property lines;
           
        3. Shall have parking facilities setback 15 feet from streets, nonresidential property residential property;
           
        4. Shall have recreational areas designed for group sports activities setback 25 feet from residential property, with adequate screening to protect neighboring properties from noise and adverse visual impacts;
           
        5. Shall not have any any lighted playing fields unless the visual impact on residential areas can be substantially mitigated; and
           
        6. Shall have an impervious surface percent of no more than 60%, and the remainder of the site shall be suitable landscaped.
           
    39. Recycling or Composting Facilities.
        
        1. Shall conduct all operations either within a building or at least 500 feet from any residential or business zone;
           
        2. Shall not collect more material on-site than can be processed within a 60-day period; and
           
        3. Shall promptly remove from the site all material which has been processed.
           
    40. Relocated Structures.
        
        1. Shall have a moving permit from the city under City Code Chapter 111.07;
           
        2. Prior to moving, shall have given cash, a cashier's check or letter of credit as a financial guarantee to the city to ensure completion of all work. The financial guarantee shall be in an amount equal to the Building Official's estimate of the cost to bring the structure into compliance with the Building Code;
           
        3. Shall meet all requirements of the Building code within 6 months after moving; and
           
        4. If the structure is not in full compliance with the Building Code after 6 months after moving, the city, in its sole discretion, may draw on the financial guarantee and take whatever steps it deems necessary to bring the relocated structure into compliance with the Building Code. In the event the city draws on the financial guarantee, 10% of the total guarantee shall be paid to the city as its administrative fee.
           
    41. Residences for Security Personnel.
        
        1. Shall not exceed one dwelling per principal use;
           
        2. Shall be used by a resident security guard and the guard's family, and shall not be available for rent to the public; and
           
        3. May not exceed 1,000 square feet of living space.
           
    42. Residential Facilities. Residential Facilities serving 7 through 16 persons;
        
        1. External building changes or improvements shall maintain the original character of the house; any new structure shall be of an architectural style which is compatible with adjacent residential uses;
           
        2. Shall have adequate off-street parking based on the number of employees, visitors, and residents who will be driving, which parking shall be screened from view from residential uses; and
           
        3. Shall be served by public water and sanitary sewer.
           
    43. Restaurants, Class I and II and Class I and II that have an outdoor patio or congregation area that customers are allowed to use after 10:00 p.m. and where then nearest point of the property on which the restaurant is located is less than 100 feet from the nearest point of the property where a residential use is located.
        
        1. All patios and congregation areas are subject to the city's noise regulations;
           
        2. Any lights on the patios and congregation areas are subject to the city's regulations pertaining to illumination standards at the property line;
           
        3. Exterior congregation areas which serve alcohol shall physically delineate the exterior area which alcohol is to be served. This delineation shall clearly define the space, with a clear access and exit. Delineation examples shall include, but not be limited to grade changes, material changes, decking, or planters;
           
        4. The entry to the outdoor patio or congregation areas is to be compact and contiguous with the structure; and
           
        5. Exterior congregation areas that utilize pedestrian areas, such as a public or private sidewalk or walkway, shall maintain a clear 4 foot path for pedestrian walkway. Alleys shall not be considered pedestrian thoroughfares.
           
    44. Retail Centers.
        
        1. Requires a Planned Unit Development review and approval prior to commencing operations.
           
    45. Retail Sales of Products Manufactured, Fabricated or Assembled.
        
        1. Shall sell products only within the principal structure;
           
        2. Shall limit the area devoted to display and sale of the products to no more than 15% of the principal structure or 2,000 square feet within the principal structure, whichever is less;
           
        3. Shall nit require or result in exterior building modifications;
           
        4. Shall have no outside storage or display or accessory structures; and
           
        5. Shall submit a sign plan.
           
    46. Seasonal Sales of Farm or Non-Farm Produced Items such as fruits, vegetables, and Christmas trees.
        
        1. Only 2 permits shall be allowed per year, per site. These permits shall not be issued within 3 months of each other if issued to the same organization/user;
           
        2. Property owner's signature is required;
           
        3. Operation of the seasonal sale shall not exceed 90 calendar days in length;
           
        4. The seasonal sales use must meet parking setbacks established by this code of ordinances;
           
        5. Seasonal sales use cannot inhabit any parking spaces required to meet the needs of the primary use on-site;
           
        6. Shall provide one off-site street customer parking space for each 250 square feet of seasonal sales display area;
           
        7. Shall submit a scalable drawing of the proposed site showing the dimensions of the area to be used for seasonal sales, the proximity to buildings, parking lots, right-of-way, or other such area, a description of any structure, implement, stand, display, prop, or other such items intended to be used for the sale of the seasonal items;
           
        8. Signage is not approved as part of the seasonal sales permit. All signage must comply with the sign regulations of this chapter (see § 151.185 through 151.197);
           
        9. Application for seasonal sales permits shall be made not less than 10 business days prior to the date(s) for which the activity is scheduled and no more than 90 days prior to the proposed commencement of activity;
           
        10. If the applicant is aggrieved by the decision made by city staff, they may file an appeal to the BOAA of the staff's determination within 10 days of staff's decision. Furthermore, if the applicant is aggrieved by the decision of the BOAA, within 10 days of the BOAA's decision, an appeal may be filed with the City Council. The City Council's determination shall be final. The appeal shall be in accordance with the approved procedures and fees adopted by the City Council;
            
        11. Staff may waive the fee for a seasonal sales permit application where the entire proceeds from the operation are given to charity or used for charitable purposes or are a fundraising effort for nonprofit groups. Documentation of nonprofit status shall be provided to the city prior to the approval of a fee waiver;
            
        12. Seasonal sales permits shall require annual review. Approvals are not carried from year to year;
            
        13. Shall not impair traffic visibility and should not be located in the right-of-way or the sight triangle, as calculated by this code of ordinances;
            
        14. The seasonal sales use shall not impair the normal, safe, and effective operation of the permanent use on the same site; and
            
        15. The city reserves the right under this chapter to shut down a temporary/seasonal sales operation even after the granting of an approval if the operation is posing safety concerns, has become a nuisance, or has violated any requirement of this section or other provision of this code of ordinances.
            
    47. Seasonal Sales Stands when the principal use of the property is agricultural; and
        
        1. Any goods sold shall be the product of the specific farm or garden.
           
        2. The stand shall be setback 15 feet from any street right-of-way.
           
        3. Adequate off-street parking facilities shall be provided.
           
        4. Signage shall be temporary and limited to 12 sq. ft., no permit required.
           
    48. Self-Storage Facilities.
        
        1. Shall limit its hours of operation between 7:00 a.m. and 10:00 p.m.;
           
        2. Shall submit a lighting plan; and
           
        3. Shall have all storage buildings separated by sufficient space for 2 lanes of traffic.
           
    49. Structures over specified height.
        
        1. Shall submit a map showing shading patterns created by the over height structure; and
           
        2. Shall be setback from each property line a distance equal to half the structure height.
           
    50. Towers for Commercial Wireless Telecommunications Services.
        
        1. Shall also operate as a public utility structure;
           
        2. Shall be located within the public rights-of-way;
           
        3. Shall be limited to 75 feet in height;
           
        4. Shall limit the height of antennas and communication service devices to 10 feet beyond the height of the structure;
           
        5. No setback shall be required when located in the public rights-of-way;
           
        6. Turf or other materials shall be established in the right-of-way consistent with the materials in the right-of -way at the time of installation;
           
        7. Lights and/or flashing equipment shall not be permitted unless required by state or federal agencies;
           
        8. Shall be protected with corrosive resistant material;
           
        9. Signage shall not be allowed on the tower other than danger or warning type signs;
           
        10. Must provide proof from a professional engineer that the equipment is not able to be collocated on any existing or approved towers and prove that the planned tower will not interfere with existing communications for public safety purposes;
            
        11. Must be built to accommodate antennas being placed at varying heights on the tower;
            
        12. Existing vegetation on the site shall be preserved to the maximum extent possible;
            
        13. Shall b e surrounded by a security fence 6 feet in height with a lockable gate;
            
        14. Shall have an exterior finish that minimizes visibility off-site to the greatest extent possible;
            
        15. Applicable provisions of this code of ordinances, including the provisions of the State Building Code therein adopted, shall be complied with;
            
        16. No tower shall be permitted unless the equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within the one-half mile search radius of the proposed tower for any of the following reasons;
            
            1. The necessary equipment would exceed the structural capacity of the existing or approved tower or building and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost, as certified by a qualified, licensed professional engineer;
               
            2. The necessary equipment would cause interference as to significantly impact the usability of other existing or planned equipment at the tower, structure, or building and the interference, cannot be prevented at a reasonable cost, as certified by a qualified, licensed structural engineer;
               
            3. Existing or approved towers and buildings within the one-half mile search radius cannot or will not accommodate the planned equipment at a height necessary to function reasonably, as certified by a qualified, licensed professional engineer; or
               
            4. The applicant, after a good faith effort, is unable to lease space on an existing or approved tower or building.
               
        17. All obsolete or unused towers and accompanying accessory facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the city;
            
            1. After the facilities are removed, the site shall be restored to its original or an improved state. The user of the tower and/or accompanying accessory facilities shall be responsible for the removal of facilities and restoration of the site.
               
        18. The applicant shall submit a plan illustrating anticipated sites for future location for communication towers and/or communication device(s) apparatus; and
            
        19. Other accessory uses, as determined by the Zoning Administrator.
            
    51. Utility Service Structures.
        
        1. Shall not be a water tower or electrical substation or a building constructed to house sanitary lift station controls;
           
        2. Shall be 20 feet or less in height;
           
        3. May be used only to provide weather protection for utility equipment;
           
        4. Shall be designed, placed, and landscaped as necessary to assure that it blends with the neighboring uses, and is unobtrusive;
           
        5. Shall comply with all applicable design standards;
           
        6. Shall provide necessary sound proofing and vibration attenuation in conformance with all applicable sound and noise regulations.
           
    52. Utility Service Structures, Electrical Substations and Sanitary Lift Stations.
        
        1. Shall be designed, placed, and landscaped as necessary to assure that it blends with the neighboring uses, and its unobtrusive;
           
        2. Lift Stations with buildings shall comply with all applicable design standards;
           
        3. Shall provide necessary sound proofing and vibration attenuation in conformance with all applicable sound and noise regulations.
           
    53. Utility Service Structures, Water Towers.
        
        1. Water tower structures shall be exempt from all construction materials and height standards;
           
        2. Extensive landscaping shall be installed around the perimeter of the area to be developed at the time of building construction to ensure adequate screening from future adjacent development. Proposed plantings shall be a mix of deciduous and coniferous trees planted consistent with the design criteria identified in the landscaping and screening regulations;
           
        3. Additional visual and/or noise attenuation measures (fencing, landscaping, etc.) may be required to ensure compliance with code regulations.
           
    54. Vehicle Rental Facilities.
        
        1. Shall conduct all maintenance, repair, and washing of vehicles within a building;
           
        2. Shall screen all rental car parking areas from adjacent residential properties;
           
        3. Shall apply the parking setback to all areas where vehicles are located; and
           
        4. Rental vehicles must not take up required customer and employee parking spaces.
           
    55. Vehicle Sales, Auction.
        
        1. Storage areas shall be screened from public right-of-way and adjacent properties in accordance with the screening standards of Chapter 151.111;
           
        2. Public address speaker systems must not be audible from any residential property;
           
        3. All outside storage areas must be paved with asphalt or concrete;
           
        4. Outdoor storage areas of vehicles must meet at least 50% of the landscaping requirements of City Code Section 151.112;
           
        5. Adequate circulation for vehicle transports entering or exiting the site must be provided.
           
    56. Vehicle Sales, Used.
        
        1. Limit the percentage of retail sales to no more than 20% of the business;
           
        2. Must serve as an accessory use of the principal use;
           
        3. Vehicle retail sales limited to used automobiles only;
           
        4. No person shall operate a retail auto sales business on property, any part of which is within 200 feet from any property developed or zoned for residential uses;
           
        5. Shall not store any vehicles which are unlicensed and inoperative for more than 7 days, except in appropriately designed and screened storage areas;
           
        6. Shall conduct all repair, assembly, disassembly, or maintenance of vehicles within a building, except for minor maintenance such as tire inflation, adding oil and wiper replacement;
           
        7. Shall not have any outside storage or display except of vehicles for sale;
           
        8. Shall not be located closer than 400 feet to any residential zone;
           
        9. Shall screen all storage areas;
           
        10. Shall screen all display areas adjacent to a residential zone;
            
        11. Shall apply the parking setback to all areas where vehicles are located;
            
        12. Shall maintain a landscaped buffer 100 feet wide from any residential zone;
            
        13. All motor vehicle dealers shall be licensed by the state; and
            
        14. Vehicle sales area is to be paved.
            
    57. Vehicle Sales, New and Vehicle sales, used, but only if the business is on the same site as a new vehicle sales business authorized by the manufacturer.
        
        1. No person shall operate a retail auto sales business on property, any part of which is within 200 feet from any property developed or zoned for residential uses;
        2. Shall not store any vehicles which are unlicensed and inoperative for more than 7 days, except in appropriately designed and screened storage areas;
        3. Shall conduct all repair, assembly, disassembly, or maintenance of vehicles within a building, except for minor maintenance such as tire inflation, adding oil and wiper replacement;
        4. Shall not have any outside storage or display except of vehicles for sale;
        5. Shall screen all display areas adjacent to a residential zone;
        6. Shall apply the parking setback to all areas where vehicles are located;
        7. Shall maintain a landscaped buffer 100 feet wide from any residential zone;
        8. All motor vehicle dealers shall be licensed by the state; and
        9. Vehicle parking for all vehicles is to be paved.
    58. Vehicle Service or Repair.
        
        1. Shall not store any vehicles which are unlicensed or inoperative for more than 7 days, except in appropriately designed and screened storage areas;
           
        2. Shall conduct all repair, assembly, disassembly, or maintenance of vehicles within a building, except for minor maintenance such as tire inflation, adding oil, and wiper replacement;
           
        3. Shall not have any outside storage or display except of vehicles for sale or rent;
           
        4. Shall not have a public address system which is audible from any residential property;
           
        5. Shall screen all storage areas;
           
        6. Shall screen all display areas adjacent to a residential zone;
           
        7. Shall apply the parking setback to all areas where vehicles are located;
           
        8. All motor vehicle dealers shall be licensed by the state.
           
    59. Wind Energy Conversion Systems (WECS) or Windmills.
        
        1. Shall be setback from the nearest property line a distance equal to the height of the tower, plus one-half the diameter of the rotor;
           
        2. Shall be certified by a professional engineer as being of a design adequate for the atmospheric conditions of the Twin Cities;
           
        3. Shall be equipped with overspeed or similar controls designed to prevent disintegration of the rotor in high winds; and
           
        4. Shall comply with all building and electrical code requirements of the city, the noise regulations of the State Pollution Control Agency, and the rules and regulations of the Federal Communications Commission and Federal Aviation Administration.
    60. Seasonal Sales Stands in RR and AG
        
        1. Principal structure required prior to placement of a seasonal stand.
           
        2. Goods displayed and/or sold shall be items grown or produced on the subject property.
           
        3. Maximum of 100 sq. ft. area or temporary structure allowed in the front yard outside of right-of-way from May 1 - October 31 with approved permit.
           
        4. Signage shall be temporary and limited to 4 sq. ft., no permit required.
           
        5. Adequate off-street parking shall be provided.
           
    61. Cannabis Businesses Without Public Facing Retail.
        1. Must comply with Minnesota Statutes Chapter 341 and applicable Minnesota Rules, City Code, Chapter 110: and any other applicable law.
           
        2. Shall sell products only within the principal structure; and
        3. Shall have no outside storage or display or accessory strictures; and
        4. Waste products must be disposed of in a timely manner and in such a way to reduce odors.
    62. Cannabis Microbusinesses, Cannabis Mezzobusinesses, and Medical Cannabis Combination Businesses.
        1. Cannabis microbusinesses, cannabis mezzobusinesses, and medical cannabis combination businesses may be zoned based on each endorsement received or, when combined, must follow the designations for each license in the use table.
        2. On-site consumption is an accessory use to a cannabis business licensed by the OCM as a Microbusiness in B- l, B-3, MR, CC, I-1, 1-2; and
        3. Cannabis retail is an accessory use to a cannabis microbusiness, cannabis mezzobusiness, or medical cannabis combination business in 1-1 and 1-2; and
        4. Must comply with Minnesota Statutes Chapter 341 and applicable Minnesota Rules, City Code, Chapter 110; and any other applicable law; and
        5. When the location of a Cannabis Microbusiness includes a Cannabis Retailer endorsement or on-site consumption endorsement, the business must limit the area devoted to display, sale, and on-site consumption of products to no more than 15% of the operational space or 2,000 square feet within the principal structure, whichever is less; and
        6. Shall sell products only within the principal structure; and
        7. Shall have no outside storage or display or accessory structures; and
        8. Waste products must be disposed of in a timely manner and in such a way to reduce odors.
    63. Lower-Potency Hemp Edible Manufacturers.
        1. Must comply with Minnesota Statutes Chapter 341 and applicable Minnesota Rules; City Code, Chapter 110; and any other applicable regulations.
        2. Shall have no outside storage or display or accessory structures; and
        3. Waste products must be disposed of in a timely manner and in such a way to reduce odors.
    64. Cannabis Retailers and Lower Potency-Hemp Edible Retailers.
        1. Must comply with Minnesota Statutes Chapter 341 and applicable Minnesota Rules; City Code, Chapter 110; and any other applicable regulations.
        2. Shall sell products only within the principal structure.
12. Reasonable Accommodations
    
    1. Purpose. It is the policy of the city, pursuant to the Federal Fair Housing Amendments Act of 1988 to provide reasonable accommodation in the application of zoning and other regulations for qualified persons with disabilities seeking fair and equal access to housing. Reasonable accommodation means providing a qualified person with flexibility in the application of land use, zoning and other regulations or policies (including the modification or waiver of certain requirements), when it is necessary to eliminate barriers to fair housing opportunities. The purpose of this article is to establish a process for making and acting upon requests for reasonable accommodation.
       
    2. Definitions. For the Purpose of this section, the following definitions shall apply unless the context clearly indicates otherwise or requires a different meaning.
       
       1. ACCOMMODATION SPECIALIST: City staff appointed by the City Administrator or their designee to coordinate and administer the reasonable accommodation process outlined in Shakopee City Code Section 151 (L).
          
       2. DISABILITY: Those disabilities which are recognized under applicable federal law.
          
       3. REASONABLE ACCOMMODATION: Process by which the city may provide a qualified person flexibility in the application of land use, zoning, or other regulations.
          
       4. QUALIFIED PERSON: Any individual with a disability, their representative, or a developer or provider of housing for an individual with a disability.
          
    3. Initiation of Reasonable Accommodation Request. Any qualified person who requests a reasonable accommodation in the form of modification in the application of a zoning or other regulation which may act as a barrier to fair housing opportunities due to the disability of existing or proposed residents, may do so on an application form provided by the city's Accommodation Specialist. The application shall include a detailed explanation of why the accommodation is reasonably necessary to make the specific housing available to the person(s), including information establishing that the applicant is disabled under applicable laws, as well as other information required by the Accommodation Specialist to make the determination. If the project for which the request is being made also requires an additional land use review or approval, the applicant shall file the request concurrently with the land use review. Notice of such reasonable accommodation request shall be mailed within 15 days of receipt of a complete reasonable accommodation request application to each owner of affected property and property situated wholly or partly within 500 feet of the property to which the reasonable accommodation request relates. For the purpose of giving mailed notice, the Accommodation Specialist may use any appropriate records to determine the names and addresses of owners. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the Accommodation Specialist and shall be made part of the records of the proceedings. The failure to give mailed notice to individual property owners, or defects in the notice shall not invalidate the proceedings, provided a bona fide attempt to comply with this notice requirement has been made. Any person providing comments regarding the reasonable accommodation request must provide such comments to the Accommodation Specialist within 14 days of the date of the notice.
       
    4. Accommodation Specialist: Required Findings. The Accommodation Specialist, in consultation with other appropriate city staff, shall have the authority to consider and act on requests for reasonable accommodation. The Accommodation Specialist shall issue a written decision in which the request is approved, subject to conditions, or denied. In making the decision as to whether an accommodation is reasonable, the following factors shall be considered:
       
       1. Special need created by the disability;
          
       2. Potential benefit that can be accomplished by the requested accommodation;
          
       3. Need for the requested accommodation, including alternatives that may provide an equivalent level of benefit;
          
       4. Physical attributes of and any proposed changes to the subject property and structures;
          
       5. Potential impact on surrounding uses;
          
       6. Whether the requested accommodation would constitute a fundamental alteration of the zoning regulations, policies, or procedures of the city, and/or nature of the area in which the accommodation is being requested;
          
       7. Whether the requested accommodation would imposes an undue financial or administrative burden on the city;
          
       8. Whether the requested accommodation is likely to have any negative impacts on the health, safety, or general welfare of members of the community, and
          
       9. Any other factor that may be determined to have a bearing on the request.
       10. Any approval issued under this section may include such reasonable conditions that the Accommodation Specialist deems necessary to mitigate any adverse impacts that the granting of such reasonable accommodation may produce or amplify.
           
    5. Notice of Decision. The written decision of the Accommodation Specialist shall be mailed to the applicant of this section within five business days of such decision being made. Any person providing comments pursuant to paragraph (C) will receive a notification via written or electronic means that a decision has been made and such notification shall include instructions on how to obtain a copy of the decision. All written decisions shall give notice of the right to appeal a decision of the Accommodation Specialist pursuant to this Section 151.007 (L). The decision of the Accommodation Specialist shall constitute the final decision of the city, unless appealed according to the procedures and within the time limits provided in this Section 151 (L). Only the aggrieved applicant of the written reasonable accommodation determination has a right to appeal the decision.
       
    6. Applicability. Any approved request shall constitute a limited license which shall allow the property owner or occupant to continue to rely upon such accommodation only so long as they own or occupy the property. Approval of a reasonable accommodation does not constitute a property right, does not run with the land, and does not provide future owners or occupants any rights to reply upon such accommodation approvals. Only the person who applied for such reasonable accommodation, and who is specifically named in the city's approval if such accommodation, shall be entitled to the benefits and protections thereof. The holder of an approved reasonable accommodation license hereunder shall, on or before January 1st of each year, provide the city with an updated affirmation that the reasonable accommodation is still necessary. In the event that the Accommodation Specialist has reasonable cause to believe that the factors supporting the original approval of a reasonable accommodation have changed, the Accommodation Specialist may request additional information from the license holder. Failure to annually reaffirm the need for the reasonable accommodation, or failure to provide information reasonably requested by the Accommodation Specialist shall result in automatic termination of the reasonable accommodation upon written notice by the Accommodation Specialist.
       
    7. Conditions and guarantees. Prior to the issuance of any permits relative to an approved reasonable accommodation request, the Accommodation Specialist may require the applicant to record a covenant acknowledging and agreeing to comply with the terms and conditions established in the determination.
       
    8. Appeals. Any decision reached by the Accommodation Specialist pursuant to this Section 151 (L) shall be subject to appeal to the Board of adjustment and Appeals by those persons with a right to appeal as provided herein. All appeals shall be initiated by submitting a notice of appeal, in writing, to the Accommodation Specialist within 30 days of the date upon which the decision was made. Upon notice of appeal, the City Administrator or their designee shall present such appeal to the Board of Adjustment and Appeals for action within 30 days. The Accommodation Specialist shall also serve notice of such appeal on all parties entitled to receive notice of a decision issued under this Section 151 (L) - notice to persons who made comments in accordance with paragraph (C) shall be provided notice of the appeal via written or electronic means, at the discretion of the Accommodation Specialist. Following a hearing on such appeal, the Board of Adjustment and Appeals shall issue its findings, in writing, within 30 days.
       
    9. Fees. fees for applications under Sections 151 (L) and 151.010 (A) (7) may be set by City Council resolution.
       

.(2013 Code, § 11.81)  (Ord. 31, passed 10-25-1979; Ord. 106, passed 9-30-1982; Ord. 116, passed 4-14-1983; Ord. 246, passed 6-17-1988; Ord. 253, passed 10-14-1988; Ord. 275, passed 9-22-1989; Ord. 282, passed 1-5-1990; Ord. 377, passed 7-7-1994; Ord. 470, passed 1-1-1997; Ord. 494, passed 8-14-1997; Ord. 495, passed 8-14-1997; Ord. 501, passed 9-18-1997; Ord. 518, passed 7-2-1998; Ord. 643, passed 11-14-2002; Ord. 815, passed 2-26-2009; Ord. 901, passed 2-17-2015; Ord. 940, passed 8-16-2016; Ord. 950, passed 11-15-2016; Ord. R2020-008, passed 11-04-2020; Ord. 2021-006, passed 03-16-2021; Ord. O2021-022, passed 10-19-2021; O2022-013, passed 04-19-2022, O2023-007, passed 04-18-2023; Ord. O2024-011, passed 12-17-2024; Ord. O2025-017, passed 07-15-2025; Ord. 02025-021, passed 10-21-2025)

1. Powers and duties. The Planning Commission shall provide assistance to the City Council in the administration of this chapter, and shall review all matters referred to them, including land acquisitions and dispositions, and capital improvements. The Planning Commission shall review and hold public hearings on all applications for official mapping requests, comprehensive plan amendments, Interim Use Permits, and zoning ordinance amendments using the criteria set forth in this chapter.
2. Actions. The Planning Commission shall make recommendations to the City Council on items before it within a reasonable time or such time as shall be prescribed by statute or ordinance. Failure by the Planning Commission to make a recommendation within the required period shall be deemed to be a denial if the delay is appealed by the applicant. The Planning Commission may condition its recommendation in order to effect the intent of this ordinance. The Planning Commission shall accompany its recommendation to deny an application with a statement of its findings regarding the matter.
3. City Council review. The City Council may adopt, modify, or reject the recommendation of the Planning Commission by vote of a simple majority of those present, unless otherwise required by statute or this chapter.
4. Land acquisitions, dispositions, and capital improvements.
   1. Prior to the acquisition or disposition of a publicly-owned interest in real property within the city, or the authorization of any capital improvement, the Planning Commission shall review the proposed acquisition, disposition, or capital improvement for compliance with the comprehensive plan. This requirement applies to proposed acquisition, dispositions, and capital improvements by the city or a special district or agency thereof, or any other political subdivision which has jurisdiction within the city.
   2. The Planning Commission shall report its findings in writing to the appropriate city, district, agency, or political subdivision within 45 days. Failure of the Planning Commission to report on the proposal within 45 days, or such other period as may be designated by the City Council, shall be deemed an approval. The City Council may dispense with the requirements of this division (D) when, in its judgment, it finds that the proposal has no relationship to the comprehensive plan.
5. Official maps.
   1. For the purpose of carrying out the policies of the major thoroughfare plan and the community facilities plan, the Planning Commission may recommend to the City Council a proposed official map covering all or a part of the city. The official map shall identify land needed for future public uses. The City Council may, after holding a public hearing, adopt and amend the official map by ordinance.
   2. A notice of the time, place, and purpose of the hearing shall be published in the official newspaper at least 10 days prior to the date of the hearing. The official map or maps shall be prepared in sufficient detail to permit the establishment of the future acquisition lines on the ground. The accuracy of the future acquisition lines shall be attested to by a registered land surveyor. After adoption, a copy of the official map, or sections thereof with a copy of the adopting ordinance attached, shall be filed with the County Recorder.
6. Comprehensive plan.
   1. The Planning Commission may recommend to the City Council the adoption and amendment from time to time of a comprehensive plan. The comprehensive plan may be prepared and adopted in sections, each of which relates to a major subject of the plan or to a major geographical section of the city. The City Council may propose the comprehensive plan and amendments to it, by resolution submitted to the Planning Commission. Before adopting the comprehensive plan or any section or amendment of the plan, the Planning Commission shall hold at least one public hearing thereon.
   2. A notice of the time, place, and purpose of the hearing shall be published once in the official newspaper of the city at least 10 days before the day of the hearing. A proposed comprehensive plan or an amendment to it may not be acted upon by the City Council until it has received the recommendation of the Planning Commission or until 60 days have elapsed from the date an amendment proposed by the City Council has been submitted to the Planning Commission for its recommendation. The City Council may, by resolution by a two-thirds vote of all its members, adopt and amend the comprehensive plan or portion thereof.

(2013 Code, § 11.82)  (Ord. 251, passed 8-26-1988; Ord. 337, passed 7-23-1992; Ord. 377, passed 7-7-1994; Ord. 953, passed 12-20-2016)

1. Initiation. An amendment to the zoning ordinance may be initiated by the City Council, by the Planning Commission, or by application from an affected property owner. Amendments may be in the form of changes to the text of the zoning ordinance or changes to the zoning map. All amendments shall promote the public health, safety, and welfare and be consistent with the comprehensive plan.
2. Criteria for granting a zoning ordinance amendment.
   1. The City Council may grant a zoning ordinance amendment when it finds that one or more of the following criteria exists:
      1. The original zoning ordinance is in error;
      2. Significant changes in community goals and policies have taken place;
      3. Significant changes in city-wide or neighborhood development patterns have occurred; or
      4. The comprehensive plan requires a different provision.
   2. An amendment involving a planned unit development or a Floodplain Overlay Zone also must meet the criteria set forth below for that zone.
3. Application for changed to zoning map.
   1. An application for a change to the zoning map may be made by the owner of the property and shall be submitted to the Zoning Administrator on forms provided by the city.
   2. The application shall be accompanied by the following:
      1. A map or plat of the property and the land within 350 feet thereof;
      2. A list of the names and addresses of the owners of all properties located wholly or partially within 350 feet of the property as such appear on the records of the County Recorder;
      3. Evidence of ownership or an interest in the property;
      4. When the request is for the addition or deletion of an overlay zone, the Zoning Administrator may request that the applicant deposit an additional amount up to $1,000 for planning, engineering, administrative, and legal expenses incurred by the city for the review and processing of the application, if the Zoning Administrator anticipates that the application will cause the city to incur such expenses. Any portion of the supplemental deposit which is not used to reimburse the city will be refunded to the applicant;
      5. If the request is inconsistent with the comprehensive plan, the application must be accompanied by an application for an amendment to the comprehensive plan;
      6. If the request is to add or delete a planned unit development, or to add land to or delete land from the Floodplain Overlay Zone, the additional application information set forth below must be submitted; and
      7. Such other information as may be required by the city.
4. Public hearing.
   1. Hearing required. No zoning amendment shall be adopted until a public hearing has been held by the Planning Commission or City Council. A notice of the time, place, and purpose of the hearing shall be published in the official newspaper at least 10 days prior to the date of the hearing. Where an amendment involves changes in the boundaries of any zone or the addition or deletion of an overlay zone, a similar notice shall be mailed at least 10 days before the day of the hearing to each owner of property situated wholly or partly within 350 feet of the property to which the amendment relates. When considering the addition of a Mining Overlay Zone, written notice of the public hearing shall be sent to property owners of record within one-half mile of the property in question.
   2. Recommendation to City Council. The Planning Commission shall submit its recommendation regarding the re-zoning application to the City Council within 60 days following the public hearing, unless an extension is agreed to in writing by the applicant. If no recommendation is transmitted by the Planning Commission within 60 days, the City Council may take action without a Planning Commission recommendation.
   3. Shoreland and Floodplain Overlay Zones. The Commissioner of the Department of Natural Resources shall be given written notice all hearings to consider an amendment to the text or map of the Shoreland or Floodplain Overlay Zone at least 10 days before the day of the hearing. The notice shall include a draft of the ordinance amendment.
5. City Council action.
   1. Generally. After receipt of the recommendation of the Planning Commission, or after 60 days from the receipt of application without a Planning Commission recommendation, the City Council shall consider and act on the amendment. The City Council shall mail a copy of its decision to any applicant other than the City Council or the Planning Commission. If the City Council fails to make a decision within 120 days, the amendment shall be deemed to have been denied. The City Council may adopt an amendment to this chapter upon an affirmative vote of the number of City Councilmembers that is required by M.S. § 462.357, subd. 2(b), as it may be amended from time to time.
   2. Shoreland Overlay Zone. A copy of any approved zoning amendment affecting land within the Shoreland Overlay Zone shall be sent to the Commissioner of the State Department of Natural Resources within 10 days after final action or approval.
6. Reapplication. No amendment which is denied wholly or in part by the City Council shall be resubmitted for a period of 6 months from the date of denial, except on grounds of new evidence or change of conditions.
7. Amendment to the comprehensive plan. Any amendment to the zoning map granted by the City Council shall automatically amend the comprehensive plan.
8. Special provisions for Floodplain Overlay Zones. In addition to the criteria required for any change to the zoning map, all of the following criteria must be found to exist for before the Floodplain Overlay Zone can be removed from any land:
   1. Any one of the following conditions is satisfied:
      1. The original map was in error;
      2. The area has been filled to or above the elevation of the regional flood and is contiguous to lands outside the floodplain; or
      3. The Commissioner of the Department of Natural Resources has granted a special exception to this rule because the Commissioner determined that, through other measures, lands are adequately protected for the intended use.
   2. The amendment has been submitted to and approved by the Commissioner of the Department of Natural Resources; and
   3. The amendment meets the Federal Emergency Management Agency technical conditions and criteria and has received the approval of the Federal Emergency Management Agency.

(2013 Code, § 11.83)  (Ord. 31, passed 10-25-1979; Ord. 246, passed 6-17-1988; Ord. 377, passed 7-7-1994; Ord. 480, passed 4-24-1997; Ord. 638, passed 9-19-2002; Ord. 907, passed 6-16-2015)

1. Powers and duties. The Board of Adjustment and Appeals shall have the following powers and duties:
   1. To hear requests for conditional use permits which are not closely related to a land use application requiring consideration by the Planning Commission and City Council;
   2. To hear requests for variances which are not closely related to a land use application requiring consideration by the Planning Commission and City Council;
   3. To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by the Zoning Administrator or any other person in the enforcement of this chapter;
   4. To hear and decide requests for expansion of an existing use or structure, reconstruction of a partially destroyed structure, construction of a new structure, or other intensification of a Type B nonconformity, as set forth in § 151.017;
   5. To hear requests for shared parking plans, cooperative parking plans, and shared driveways; and
   6. To hear and decide appeals brought by persons aggrieved by a decision of city staff regarding the placement or removal of items within a city easement or sight triangle area or by city staff’s denial of a fence permit or decision to require removal of a garden fence.
   7. To hear and decide appeals of requests for a reasonable accommodation related to accommodations of the zoning code.
      
2. Procedures.
   1. The Board of Adjustment and Appeals shall conduct a public hearing on all conditional use permits, variances, and appeals before it. Notice of the public hearing shall be published in the official newspaper once at least 10 days before the hearing.
   2. Any matter involving a variance also shall require mailed notice at least 10 days before the hearing to the applicant and the owners of all property located wholly or partially within 350 feet of the property for which the variance is requested. The Board shall, within a reasonable time, make a decision regarding any matter before it by adopting findings and shall serve a copy of its decision upon the applicant by mail.
3. Combined parking facilities. The Board of Adjustment and Appeals shall review applications for shared parking plans and cooperative parking plans for compliance with the requirements of §§ 151.140 through 151.143. The Board shall approve a shared parking plan or a cooperative parking plan when it finds that such parking plan provides sufficient parking to meet the intent of this chapter, and is not detrimental to the owners and occupants of the surrounding property.
4. Shared driveways. The Board of Adjustment and Appeals shall review applications for shared driveways, except when said plans are part of the platting process, for compliance with the requirements of §§ 151.155 through 151.157. When said plans are part of the platting process, the Planning Commission shall review the application for compliance. The Board shall approve a shared driveway when it finds that the application meets the intent of this chapter and is not detrimental to the owners and occupants of the affected property.

(2013 Code, § 11.84)  (Ord. 377, passed 7-7-1994; Ord. 506, passed 12-2-1997; Ord. 678, passed 8-28-2003; Ord. 780, passed 6-14-2007, O2023-007, passed 04-18-2023)

1. Criterial for granting conditional use permits. In granting a conditional use permit, the Board of Adjustment and Appeals shall consider the effect of the proposed use upon the health, safety, and general welfare of the occupants of surrounding lands and the city as a whole. The Board of Adjustment and Appeals shall not grant a conditional use permit without making the following findings:
   1. The use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity;
   2. The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses allowed in the area;
   3. Adequate utilities, access roads, drainage, and other necessary facilities have been or will be provided;
   4. The use is consistent with the purposes of the zone in which the applicant intends to locate the proposed use; and
   5. The use is not in conflict with the comprehensive plan.
2. Application. Application for a conditional use permit shall be made to the Zoning Administrator on forms provided by the city and shall be accompanied by the following:
   1. The legal description of the property;
   2. A list of the names and addresses of the owners of all properties situated wholly or partially within 350 feet of the property as such appear on the records of the County Recorder, or such larger area as specified in the applicable conditional use permit provisions;
   3. Evidence of ownership or an interest in the property;
   4. The fee;
   5. A plat or map of the property which shows, at a minimum, all lot lines, existing and proposed structures, driveways, and parking spaces; and
   6. A list of any variances requested with the conditional use permit. All variance requests shall be reviewed as part of the conditional use permit process but shall be subject to the criteria for granting variances as outlined in section § 151.015(B).
3. Public hearing.
   1. Generally. After receipt of a completed application, a date shall be set for a public hearing before the Board of Adjustment and Appeals. Not less than 10 days prior to the public hearing, notice shall be published in the official newspaper and sent by mail to the applicant and to the owners of all properties located wholly or partially within 350 feet, as reflected in the records of the County Recorder.
   2. Shoreland and Floodplain Overlay Zones. The Commissioner of the Department of Natural Resources shall be given written notice of all hearings to consider a conditional use permit in the Shoreland Overlay Zone or in the Floodplain Overlay Zone at least 10 days before the day of the hearing.
4. Decision.
   1. Generally. Following the hearing or any continuance which is not appealed by the applicant, the Board of Adjustment and Appeals shall make a decision on the request for a conditional use permit. Conditional use permits may be approved by the affirmative vote of a simple majority of those present. If the Board denies a conditional use permit, it shall make a finding and determination that the conditions required for approval do not exist. All decisions by the Board of Adjustment and Appeals are final subject to appeal to the City Council.
   2. Shoreland and Floodplain Overlay Zones. A copy of any approved conditional use permit affecting land within the Shoreland Overlay Zone or within the Floodplain Overlay Zone shall be sent to the Commissioner of the Department of Natural Resources within 10 days after final action or approval.
5. Appeal. Any person aggrieved by a decision of the Board of Adjustment and Appeals regarding a conditional use permit may have such decision reviewed by the City Council if a request for review is submitted to the Zoning Administrator within 10 days of the date of the decision. The appeal shall be in writing and shall include a statement of the alleged errors or omissions of the Board.
6. Additional conditions. In granting a conditional use permit or altering an existing conditional use permit, the Board of Adjustment and Appeals or the City Council may impose conditions in addition to those specified in this chapter in order to preserve the health, safety, or welfare of the community or in order to implement the purposes of this chapter or the comprehensive plan.
7. Amendment; reapplication. A request for an amended conditional use permit shall be administered in a manner similar to that required for a new conditional use permit. An amendment shall include requests for any change in the terms or conditions of the conditional use permit. If an application for a conditional use permit is denied, no application for the same or essentially the same conditional use permit shall be resubmitted for a period of 6 months from the date of denial.
8. Recording. A copy of the conditional use permit shall be filed by the city with the County Recorder. The permit shall contain a legal description of the property.
9. Term. A conditional use permit shall remain in effect for so long as the conditions agreed upon are observed. A conditional use permit shall become void if it is not used within one year of the date of final action by the city. A conditional use permit shall expire if normal operation of the use has been discontinued for 6 or more months. Time shall be calculated as beginning on the day following the last day in which the use was in normal operation, or following the date of final city action, and shall run continuously thereafter.
10. Revocation. The Board of Adjustment and Appeals may review conditional use permits periodically and may revoke a permit upon violation of any condition of the permit, requirement of this chapter, or violation of state or federal law or regulation, if it is discovered after approval of the conditional use permit that the Board’s decision was based at least in part on fraudulent information. The Board may revoke the conditional use permit, modify the conditions, or impose additional conditions to ensure compliance with this chapter.
11. Construction during appeal period. Any applicant who obtains a building permit and starts construction after the decision of the Board of Adjustment and Appeals, but prior to the termination of the appeal period, assumes the risk that the decision may be reversed upon appeal. When an appeal is received by the city, the applicant will be notified of the appeal and informed of the date of the City Council meeting at which it will be heard.
12. Violations. No person shall violate, fail to comply with, or assist, direct, or permit the violation of the terms or conditions of a conditional use permit.
13. Special provisions in the Floodplain Overlay Zone.
    1. Criteria. In the Floodplain Overlay Zone, the Board of Adjustment and Appeals shall not grant a conditional use permit without considering the following factors:
       1. The danger to life and property due to increased flood heights or velocities caused by encroachments;
       2. The danger that materials may be swept onto other lands or downstream to the injury of others or that they may block bridges, culverts, or other hydraulic structures;
       3. Proposed water and sewer systems, and the ability of these systems to prevent disease, contamination, and unsanitary conditions;
       4. The susceptibility of the proposed use, any structures, and their contents to flood damage, and the effect of such damage on the individual owner;
       5. The importance to the city of the services provided by the proposed use;
       6. The need for a waterfront location;
       7. The availability of alternative locations not subject to flooding for the proposed use;
       8. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future;
       9. The relationship of the proposed use to the comprehensive plan and floodplain management program for the area;
       10. The safety of access to the property in times of flood for emergency and other vehicles;
       11. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and
       12. Other factors relevant to the purposes of this chapter.
    2. Application.
       1. In addition to the requirements above, application for a conditional use permit in the Floodplain Overlay Zone shall be accompanied by information sufficient to allow the city to determine the regulatory flood protection elevation, and whether the proposed use is in the floodway or the flood fringe area.
       2. Such information may include the following:
          1. A typical valley cross-section showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and high water information;
          2. A plans drawn to scale showing elevations or contours of the ground, existing and proposed structures, fill, or storage of materials; location and elevations of streets; existing land uses and vegetation upstream and downstream; and soil type; and
          3. A profile showing the slope of the bottom of the channel or flow line of the stream for at least 500 feet in either direction from the proposed development.
    3. Evaluation of proposed project. In the information submitted to the Board of Adjustment and Appeals, the Zoning Administrator shall include an evaluation of the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, and the adequacy of the plans for protection.
    4. Determination.
       1. The city shall determine whether the proposed use is in the floodway or flood fringe area, and determine the regulatory flood protection elevation.
       2. This determination includes the following:
          1. An estimation of the peak discharge of the regional flood;
          2. A calculation of the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas; and
          3. A computation of the floodway necessary to convey or store the regional flood without increasing flood stages more than one-half of one foot. A lesser stage increase than one-half of one foot shall be required if, as a result of the additional stage increase, greater flood damages would result. An equal degree of encroachment on both sides of the stream within the reach shall be assumed in computing floodway boundaries. An “equal degree of encroachment” is a method of determining the location of floodway boundaries so that floodplain areas on both sides of a stream are capable of conveying a proportionate share of flood flows.
    5. Presentation of determinations to Planning Commission and City Council. The Zoning Administrator shall present these technical determinations to the Planning Commission and the City Council. The City Council shall accept the technical evaluation and the recommended floodway or flood fringe area boundary, or deny the permit application. The City Council, prior to official action, may submit the application and all supporting data and analysis to the Federal Emergency Management Agency or the Department of Natural Resources.
14. Interim use permits.
    1. Purpose. The purpose of the interim use permit application process is to:
       1. Ensure sufficient information is provided by the applicant;
       2. Ensure interim uses comply with city code requirements;
       3. Ensure temporary uses remain temporary in nature;
       4. Ensure appropriate conditions are attached to enhance compatibility with surrounding uses; and
       5. Ensure interim use permit applications are processed in a manner consistent with state statutes.
       6. Interim use permits may be used for the temporary establishment of any use listed in any zoning district as a permitted or conditional use.
    2. Initiation. An interim use permit application must be initiated by the owner of land upon which the interim use is proposed or by the City Council. If an interim use permit application is denied, an applicant may not submit a subsequent interim use permit application for the same use on the same site until one year has passed since the denial.
    3. Public hearing. After receipt of a completed application, a date shall be set for a public hearing before the Planning Commission. Not less than ten days prior to the public hearing, notice shall be published in the official newspaper and sent by mail to the applicant and of the owners of all properties located wholly or partially within 500 feet, as reflected in the records of the County Recorder.
    4. Review and approval. Interim use permit applications must be reviewed by the Planning Commission for a recommendation to the City Council.
    5. Conditions of approval. The entities empowered to review and take action on a given interim use permit application has the authority to attach conditions of approval to that application.
    6. Findings. The following findings must be made prior to the approval of an interim use permit:
       1. The proposed use will not delay permanent development of the site;
       2. The proposed use will not adversely impact implementation of the Comprehensive Plan or adopted plan for the area;
       3. The proposed use will not be in conflict with any provisions of the city code on an ongoing basis;
       4. The proposed use will not be injurious to the surrounding neighborhood or otherwise harm the public health, safety and welfare;
       5. The date or event that will terminate the use has been identified with certainty; and
       6. The property on which the use is situated has no open enforcement orders and there are no nuisance characteristics associated with the property or its current use.
       7. Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future.
       8. The user agrees to any conditions that the governing body deems appropriate for permission of the use.
    7. Expiration and termination. An interim use permit expires and the interim use must terminate at the earlier of:
       1. The expiration date established by the City Council at the time of approval, but in no event more than two years from the date of approval;
       2. The occurrence of any event identified in the interim use permit for the termination of the use; or
       3. Upon an amendment of the city code that no longer allows the interim use.
       4. Unused interim use permits expire six months after approval if the proposed use has not commenced or a complete building permit application for a structure to support the interim use has not been submitted to the city for review. A land owner may apply to the Zoning Administrator for no more than one time extension of up to six months for an unused interim use permit.
       5. Interim use permits expire if the interim use ceases operation for a continuous period of one year or longer.
    8. Suspension or revocation. The City Council may suspend or revoke an interim use permit upon the failure of the permittee, owner, operator, tenant or user to comply with the provisions of this code, the laws of the state or any condition established at the time of approval of the interim use permit. A suspension or revocation of an interim use permit must be preceded by written notice to the permittee and a hearing. The notice must provide at least ten days' notice of the time and place of the hearing and must state the nature of the charges against the permittee. The notice must be mailed to the permittee at the most recent address listed on the application. The hearing of a contested case is held by the City Council.
    9. Standards.
       1. Term. The term of an interim use permit must not exceed two years with a review after the first year.
       2. Re-application. An interim use permit is subject to an annual review, but upon application for a time extension of the same use on the same site, succeeding interim use permits may be approved for up to one year each if the Planning Commission and City Council makes the findings set forth in subsection (G) above in the affirmative and also finds that all previous conditions of approval have been satisfied and that the use meets all code requirements or has received appropriate variances from those requirements.
    10. Content. Interim use permit applications must include the following information, unless exempted by the Zoning Administrator:
        1. An application form signed by the property owner(s) or authorized representative;
        2. A list of the names and addresses of owners of all properties situated wholly or partially within 500 feet of the property as such appear on the records of the County Record, or such larger area as specified in the applicable conditional use provisions.
        3. The required application fee.
        4. Written documentation that includes:
           1. A complete description of the use;
           2. Schedule for commencement and cessation of the use;
           3. Size of the facility accommodating the use including the number of seats, students, customers and the like;
           4. Hours and dates of operation;
           5. Anticipated employment;
           6. Floor plan and/or site plan;
        5. If applicable due to site or building modifications, a separate but associated final site and building plan application or final development plan application; and
        6. Any special studies requested. The City Engineer or the Zoning Administrator may request special studies when there is evidence that the proposed use may negatively impact public infrastructure, the environment or adjacent land uses. Such studies may include, but are not limited to, traffic, environmental, storm water management, wetland, and utility studies.

(2013 Code, § 11.85)  (Ord. 31, passed 10-25-1979; Ord. 35, passed 1-31-1980; Ord. 96, passed 11-11-1982; Ord. 246, passed 6-17-1988; Ord. 377, passed 7-7-1994; Ord. 538, passed 2-18-1999; Ord. 953, passed 12-20-2016)  Penalty, see § 151.999

Repealed Ord. R2020-008 11-04-2020

Repealed Ord. R2020-008 11-04-2020

Repealed Ord. R2020-008 11-04-2020

1. Variance jurisdiction. The Board of Adjustment and Appeals shall have jurisdiction over any variance which is not closely related to a land use application requiring consideration by the Planning Commission and City Council. Any variance which is closely related to such a land use application shall be under the jurisdiction of the Planning Commission and City Council.
2. Criteria for granting variances. A variance from the requirements of the zoning ordinance may be granted where the following circumstances are found to exist:
   1. 1. When the application for the variance establishes that there are practical difficulties in complying with the official control.
      2. Practical difficulties means the following:
         1. The property owner proposes to use the property in a reasonable manner not permitted by an official control;
         2. The plight of the landowner is due to circumstances unique to the property;
         3. The circumstances were not created by the landowner;  
         4. The variance, if granted, will not alter the essential character of the locality; and
         5. The problems extend beyond economic considerations. Economic considerations alone do not constitute practical difficulties.
   2. It has been demonstrated that a variance as requested will be in harmony with the general purposes and intent of the chapter and when the variance as requested is consistent with the comprehensive plan;
   3. The request is not for a use variance;
   4. Conditions to be imposed by the Board of Adjustment and Appeals must be directly related to and must bear a rough proportionality to the impact created by the variance; and
   5. Variances in the Floodplain Overlay Zone also shall meet the following criteria:
      1. No variance shall have the effect of allowing a lower degree of flood protection than the regulatory flood protection elevation for the particular area;
      2. The Board shall submit to the Commissioner of the State Department of Natural Resources a copy of the application for proposed variance sufficiently in advance so that the Commissioner will receive at least 10 days’ notice of the hearing;
      3. A copy of all decisions granting variances shall be forwarded to the Commissioner of the Department of Natural Resources within 10 days of such action; and
      4. The Zoning Administrator shall notify the applicant for a variance that the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance and that such construction below the 100-year or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions. The city shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the Administrator of the National Flood Insurance Program.
3. Application. An application for a variance shall be filed with the Zoning Administrator on the appropriate forms stating the undue hardship claimed. The application must be accompanied by the following:
   1. A site plan at a scale large enough for clarity showing the following information:
      1. Location and dimensions of lots, buildings, driveways, and off-street parking spaces;
      2. Distances between buildings and front, side, and rear lot lines; principal buildings and accessory structures; principal buildings and accessory structures on adjacent lots;
      3. Location of signs, easements, underground utilities, septic tanks, tile fields, and water wells; and
      4. Any additional information as reasonably may be required by the Zoning Administrator.
   2. A list of the names and addresses of the owners of all properties located wholly or partially within 350 feet of the property, as such appear on the records of the County Recorder;
   3. Evidence of ownership or an interest in the property;
   4. The fee; and
   5. Such other information as may be required by the city.
4. Public hearing.
   1. Generally. Upon receipt of a completed application, a date shall be set for a public hearing before the Board of Adjustment and Appeals. Property owners within 350 feet of the property for which a variance is requested shall be notified by mail of the proposed variance at least 10 days prior to the public hearing. Published notice of hearing also shall be given at least 10 days before the hearing in the official newspaper.
   2. Shoreland Overlay Zone. The Commissioner of the Department of Natural Resources shall be given written notice all hearings to consider a variance in the Shoreland Overlay Zone at least 10 days before the day of the hearing.
5. Decision.
   1. Generally. Following the public hearing, the Board of Adjustment and Appeals shall decide the matter before it. Variances may be approved by the affirmative vote of a simple majority of those present. If the Board denies a variance, it shall make a finding and determination that the conditions required for approval do not exist. No application for a variance which has been denied wholly or in part shall be resubmitted for a period of 6 months from the date of denial, except on grounds of new evidence or proof of change of conditions. All decisions by the Board of Adjustment and Appeals are final subject to appeal to the City Council.
   2. Shoreland Overlay Zone. A copy of any approved variance affecting land within the Shoreland Overlay Zone shall be sent to the Commissioner of the State Department of Natural Resources within 10 days after approval. When a variance has been approved despite the Commissioner’s recommendation of denial, the copy of the final action shall be accompanied by a summary of the public record and testimony regarding the matter and the findings of fact and conclusions which support the issuance of the variance.
6. Appeal. Any person aggrieved by a decision of the Board of Adjustment and Appeals regarding a variance may have such decision reviewed by the City Council if a request for review is submitted to the Zoning Administrator within 10 days of the date of the decision. The appeal shall be in writing and shall include a statement of the alleged errors or omissions of the Board.
7. Additional conditions. In granting a variance, the Board of Adjustment and Appeals or City Council may impose conditions in order to preserve the health, safety, or welfare of the community or in order to implement the purposes of this chapter or the comprehensive plan.
8. Recording. A copy of the variance shall be maintained in the city’s records and shall also be required to be recorded at the County Recorder’s office or the County Registrar of Titles office.
9. Term of variance. Any variance granted by the city shall run with the land unless within one year of the date of approval no building permit has been issued or substantial work performed on the project, in which case the variance shall be null and void. The Board may extend the period for construction upon finding that the interest of the owners of neighboring properties will not be adversely affected by such extension.
10. Specific project. A variance shall be valid only for the project for which it was granted. Construction of any project shall be in substantial compliance with the building plans and specifications reviewed and approved by the Board of Adjustment and Appeals or the City Council.
11. Construction during appeal period. Any applicant who obtains a building permit and starts construction upon the decision of the Board of Adjustment and Appeals prior to the termination of the appeal period, assumes the risk that the decision may be reversed upon appeal. When an appeal is received by the city, the applicant will be notified of the appeal and informed of the date of the City Council meeting at which it will be heard.
12. Violations. No person shall violate, fail to comply with, or assist, direct, or permit the violation of the terms or conditions of a variance. Such violation shall be a violation of the variance and shall render the variance null and void.

(2013 Code, § 11.89)  (Ord. 31, passed 10-25-1979; Ord. 35, passed 1-31-1980; Ord. 246, passed 6-17-1988; Ord. 377, passed 7-7-1994; Ord. 694, passed 2-5-2004; Ord. 847, passed 6-30-2011)  Penalty, see § 151.999

1. Appeals from city staff decisions. Any person aggrieved by a decision of the Zoning Administrator or other person regarding the enforcement of this chapter, may appeal to the Board of Adjustment and Appeals. The appeal shall specify what error allegedly was made in an order, requirement, decision, or determination made by the Zoning Administrator or other person. The appeal shall be filed in writing with the Zoning Administrator within 7 days of the date of decision. Upon receipt of an appeal, the Zoning Administrator shall schedule the matter for consideration by the Board. The Board shall have authority to affirm, modify, or reverse the decision of the Zoning Administrator or other person. This provision shall not apply in the case of a criminal prosecution for violation of this chapter.
2. Appeals from decision of the Board of Adjustment and Appeals. Any person aggrieved by a decision of the Board of Adjustment and Appeals may appeal the decision to the City Council. The appeal must be submitted in writing to the Zoning Administrator within 10 days of the date of the decision and shall include a statement of the alleged errors or omissions of the Board. Upon appeal, the City Council shall consider the request within 90 days unless an extended period is agreed upon by the parties.
3. Construction during appeal period. Any applicant who obtains a building permit and starts construction after the decision of the Board of Adjustment and Appeals, but prior to the termination of the appeal period, assumes the risk that the decision may be reversed upon appeal. When an appeal is received by the city, the applicant will be notified of the appeal and informed of the date of the City Council meeting at which it will be heard.

(2013 Code, § 11.90)  (Ord. 31, passed 10-25-1979; Ord. 246, passed 6-17-1988; Ord. 377, passed 7-7-1994)

1. Purpose.
   1. It is recognized that there are structures and uses of land which were lawful when established but which do not now comply with all applicable provisions of this chapter. While nonconformities may not be summarily terminated, it is the purpose and intent of this chapter to discourage the survival of Type A nonconformities and such uses are hereby declared to be incompatible with this chapter and with the comprehensive plan. It is further the purpose and intent of this chapter to discourage the enlargement, expansion, or extension of any Type A nonconformity or any increase of the impact of such nonconformity on adjoining property.
   2. It is also recognized that there are Type B nonconformities in which the uses continue to be permissible but which are operated on sites or in structures which do not fully meet the development standards of this chapter. It is the intent of this chapter to distinguish between uses which are not permitted and those in which development standards or other incidents of development are not in full compliance with this chapter. Type A nonconformities will be discouraged and not allowed to expand, while Type B nonconformities will be allowed to continue in existence and expand under carefully regulated conditions.
2. Types of nonconformities. This chapter recognizes the following 2 types of nonconformities:
   1. Type A nonconformities shall include land and structures which are devoted to a use not permitted by this chapter.
   2. Type B nonconformities shall include developed land which is devoted to a use permitted by this chapter, but where the site or structure is not in compliance with some other provision of this chapter, such as the design standards applicable within that zone.
   3. Undeveloped parcels of land which are not in compliance with some provision of this chapter or any other relevant provision of this code of ordinances, such as the design standards applicable within that zone, shall not be considered nonconformities. It is further the intent of this chapter to allow development to occur on these parcels while acknowledging any variation from existing standards of this code of ordinances.
3. Regulation of Type A nonconformities. Type A nonconformities shall be regulated in accordance with the following.
   1. No such use shall be expanded, enlarged, to use more land area, intensified, replaced, structurally changed, or relocated, except to make it a permitted use. Normal maintenance and non-structural repairs shall be excepted from this prohibition.
   2. No nonconformity shall be resumed if normal operation of the use has been discontinued for a period of 6 or more months. Time shall be calculated as beginning on the date following the last day in which the use was in normal operation and shall run continuously thereafter.
   3. 1. Full utilization of the nonconformity shall not be resumed if the amount of land or floor area dedicated to the use is lessened or if the intensity of the use is in any manner diminished for a period of 6 or more months. Time shall be calculated as beginning on the day following the last day in which the nonconformity was in full operation and shall run continuously thereafter.
      2. Following the expiration of 6 months, the nonconformity may be used only in the manner or to the extent used during the preceding 6 months.
      3. For the purposes of this division (C)(3), intensity of use shall include, but not be limited to, hours of operation, traffic, noise, exterior storage, signs, exterior lighting, types of goods or services offered, odors, and number of employees.
   4. Removal or destruction of a nonconformity to the extent of more than 50% of its estimated market value, excluding land, as determined by the assessor, shall terminate the right to continue the nonconformity.
   5. Notwithstanding the prohibitions contained in divisions (C)(1) through (C)(4) above and (C)(6) below, if approved by the Board of Adjustment and Appeals, a nonconformity may be changed to another nonconformity of less intensity. In all instances, the applicant has the burden of proof regarding the relative intensities of uses.
   6. If a nonconformity is superseded or replaced by a permitted use, the nonconforming status of the premises and any rights which arise under the provisions of this section shall terminate.
   7. In the Floodplain Overlay Zone, the cost of any structural alterations or additions to any nonconforming structure over the life of the structure shall not exceed 50% of the market value of the structure. The cost of all structural alterations and additions constructed since the adoption of the zoning ordinance must be calculated into today’s current cost of all previous and proposed alterations and additions which exceeds 50% of the current market value of the structure, then the structure must be brought into conformity with the provisions of §§ 151.085 through 151.094, Floodplain Overlay Zone (FP).
4. Regulation of Type B nonconformities. Type B nonconformities shall be regulated in accordance with the following.
   1. Expansion of an existing use or structure, reconstruction of a partially destroyed structure, construction of a new structure, or other intensification of a Type B nonconformity may be permitted upon a finding by the Board of Adjustment and Appeals of the following:
      1. The number and extent of nonconformities will not be increased in conjunction with the proposed construction or intensification;
      2. The impact of nonconformities upon adjacent property will not be increased in conjunction with the proposed construction or intensification; and
      3. The conditions to be imposed by the Board of Adjustment and Appeals will effect the intent of this section.
   2. Unless a building permit has been applied for within 180 days of removal or destruction of a Type B nonconformity, a Type B nonconformity which is destroyed to the extent of more than 50% of its market value at the time of loss shall be replaced only in compliance with the standards of the applicable zone. A Type B nonconformity destroyed to the extent of less than 50% of market value at the time of loss may be rebuilt to previously existing dimensions. In reviewing a permit for any Type B nonconformity which has been partially destroyed, the city shall seek to make the development conform as closely to the requirements of this chapter as is reasonably practical.
   3. 1. In the Floodplain Overlay Zone, the cost of any structural alterations or additions to any nonconforming structure over the life of the structure shall not exceed 50% of the market value of the structure.
      2. The cost of all structural alterations and additions constructed since the adoption of the zoning ordinance must be calculated into today’s current cost which will include all costs such as construction, materials, and labor.
      3. If the current cost of all previous and proposed alterations and additions exceeds 50% of the current market value of the structure, then the structure must be brought into conformity with the provisions of §§ 151.085 through 151.094, Floodplain Overlay Zone (FP).
5. Nonconformity; eminent domain. When the taking under eminent domain of a portion of the land upon which there existed a lawful use prior to such taking results in such use becoming unlawful under this chapter, such use is a nonconformity and may be continued only under the provisions of this chapter.

(2013 Code, § 11.91)  (Ord. 31, passed 10-25-1979; Ord. 377, passed 7-7-1994; Ord. 412, passed 4-27-1995)

1. Applicability. This section applies to all applications for development approvals and permit requests under this chapter and Chapter 150, unless otherwise stated.
2. Authority to file applications.
   1. Applications submitted under this chapter or Chapter 150 may be submitted by the landowner: a person, business, or organization having rights in contract in the land or their authorized agents; the city council; the planning commission: or the city administrator.
   2. If the applicant is not the owner of the land, the owner's name and contact information must be included in the application.
3. Neighborhood meeting.
   1. A neighborhood meeting is required for the following types of applications if the application also requires a public hearing before either the Planning Commission or the Board of Adjustments and Appeals:
      1. Map amendment (rezoning);
      2. Preliminary Plat;
      3. Conditional Use Permit not related to a single-family home;
      4. Comp Plan Amendment;
      5. PUD;
      6. Zoning Text Amendment;
      7. Variance not related to a single-family home.
   2. An applicant must conduct the neighborhood meeting before a public hearing is held by the Planning Commission or the Board of Adjustments and Appeals. The Zoning Administrator may waive this requirement in cases where there is no adjacent neighborhood that would be impacted by the application or where the scope of the project has only a minimal impact on the neighborhood.
   3. The purpose of the neighborhood meeting is to provide an opportunity for informal communication between applicants, occupants, and owners of nearby properties that might be affected by development proposals; to educate the nearby occupants and owners about the proposed development and application; to receive comments and address concerns about the development proposal; and to resolve conflicts and outstanding issues, where possible.
   4. If a neighborhood meeting is required, it should comply with the following procedures:
      1. The neighborhood meeting should be held during the hours of 6:00 p.m. to 9:00 p.m., Monday through Friday, at a place that is generally accessible to occupants of property in close proximity to the land subject to the application. Meetings may be held at a time and day different from the above at the neighborhood's request. Meetings shall be held at least eight calendar days before the scheduled public hearing. Failure to do so can result in delay or denial of the application.
      2. The applicant shall provide notification of the neighborhood meeting at least seven business days before the date of the meeting by first class mail to: all owners and occupants within 500 feet of the land subject to the application and any neighborhood organization that represents residents within that area. The notification shall state the date, time and place of the meeting.
      3. At the neighborhood meeting, the applicant shall explain the development proposal and application; answer questions; and, address the ways in which to resolve the attendees' concerns. Within two days after the meeting, the applicant shall provide the Zoning Administrator with a list of the attendees and a summary of their concerns.
4. Public notification for public hearings.
   1. All mailed and published notices for public hearings shall:
      1. Identify the city's case log number and the name of the applicant or the applicant's agent.
      2. Indicate the date, time and place of the public hearing.
      3. Describe the site involved by street address, property identification number (or both) and nearest intersection.
      4. Identify the current zoning district designation of the site subject to the application.
      5. Describe the nature, scope and purpose of the application or proposal.
      6. Indicate the date and hours of availability and describe in which city department the application, staff report, and related materials may be inspected by the public.
      7. Include a statement describing where interested members of the public and property owners may submit written comments or evidence before the public hearing.
      8. Include a statement that interested members of the public and property owners may appear at the public hearing, be heard, and submit evidence and written comments with respect to the application.
   2. When an application requires mailed notice, the Zoning Administrator shall be responsible for preparing and mailing the written notice at city expense. Notice shall be mailed to:
      1. All property owners of the land subject to the application.
      2. All property owners and occupants within 500 feet of the land subject to the application whose address is known by reference to the latest ad valorem property tax records.
   3. Notice shall be mailed by its deposit in the United States mail first class, properly addressed, postage paid. The Zoning Administrator shall acknowledge at the public hearing that the required notice of the hearing was mailed. A copy of the mailed notice shall be maintained by the zoning city administrator for public inspection during normal business hours.
   4. When an application requires that notice be published, the Zoning Administrator shall be responsible for preparing the content of the notice and publishing the notice in the city's official newspaper. The content and form of the published notice shall be consistent with the requirements of the applicable provisions in state law. The Zoning Administrator shall prepare a certificate acknowledging that published notice has occurred pursuant to the requirements of this subsection and include a copy of the published notice in the city's records.
5. Posted notice.
   1. Posted notice on the site that is the subject of the application is required for any application for which a neighborhood meeting is required.
   2. The posted notice shall comply with the following requirements:
      1. Notice shall be posted on signs in a form established by the Zoning Administrator.
      2. The signs shall be placed by the applicant on the property that is subject to the application at least 15 days before the public hearing along each public street that abuts or transects the property, at intervals of not more than 500 feet.
      3. The signs shall be posted in a manner that ensures visibility from public streets.
   3. The applicant shall provide the Zoning Administrator with a notarized affidavit in a format provided by the city stating that posted notice has been provided in accordance with the requirements of this subsection. The affidavit shall be submitted to the Zoning Administrator before the public hearing.
   4. The applicant shall ensure that the posted notice is maintained on the property until the completion of the public hearing.
   5. The signs shall be removed by the applicant within five days after the public hearing.
6. The failure to give posted, mailed, or published notice as required by this section or defects in any notice or irregularities in the neighborhood meeting shall not invalidate the proceedings if a bona fide attempt to comply with the requirements of this section has been made.

(Ord. 951, passed 12-20-2016)